
Sorting through ownership
Who is an author?
So, your first task is to identify all the potential authors of a work. An author is someone who contributes copyrightable expression (original authorship, fixed in a tangible medium of expression) to the work.
Examples that do not qualify as copyrightable expression:
Mere facts; exact duplications of public domain works; ideas; systems; works created by employees of the Federal Government; titles and short phrases; logos and slogans; forms that only collect information (rather than provide information).
Does the author or an employer own the contribution?
The essential questions here include:
- whether the work is within the scope of an employee's job description
- whether it is performed at least in part for the employer
- whether it is performed mostly at work, using work facilities or equipment, or
- whether it was performed for someone as a contractual work for hire (signed contract
stating that the work is work for hire)
Unless the work for hire rules apply, the creators of the work are its authors and owners.