contracts & copyright: issues for authors, writers & creative professionals
TRANSCRIPT
Contracts & Copyright
Issues for Authors, Writers
& Creative Professionals
©2015 David Adler/Adler Law Group http://www.adler-law.com Toll Free (866) 734-2568
What Is Copyright?Protects Creative expression
• But NOT IDEAS
Fixation requirement• Electronic
Protection attaches Immediately• NO “Poor Man’s Copyright”
Most items on Internet are protected/protectable.
Best Practices• “Use” w/Attribution (but not
permission?)• Hyperlink?
Copyright BasicsCopyright Notice?
What is NOT Protectable?
How long does protection last?
• If published before 1978: author’s life plus 70 years;
• Joint Works: 70 years after last author
• Works made for hire: 95 years from publication or 120 years from creation, whichever is shorter.
• Works created but not published (or registered) before January 1, 1978
Registration?
Enforcement?
• DMCA?
Copyright Basics Pt. 2What is Fair Use?
• A DEFENSE to Copyright infringement
• Statutory Exceptions:• criticism• comment • news reporting• teaching • scholarship or research
• Courts Examine 4 Factors: 1. Purpose and character (commercial)2. Nature of the work3. Amount and substantiality4. Effect on the Market
• Written?• Oral?• Email?• Letter of Intent?• Signature?
Work For Hire