To determine who owns your art, take a look at your contract. All creative contracts have a section that deals with copyright ownership. That section can have different names, but look for something like: "Grant of Rights," "IP Rights," "Intellectual Property," or "Copyright Ownership." Once you find it, give it a read through and look for the following terms:
“Assignment” You transferred (or sold) the copyright ownership in your art to someone else. Assignments must be in writing.
“Non-exclusive license” You gave someone permission to use your art, but you still own the copyright. You can give other people permission to use your art.
“Exclusive license” You gave someone permission to use your art, but you still own the copyright. You can’t give other people permission to use your art. Exclusive licenses must be in writing.
“Work made for hire” (U.S.) You were hired to make art. The person or company that hired you owns the copyright.
“Work made in the course of employment” (Canada) You were hired to make art. If you’re an employee, your employer owns the copyright; if you’re an independent contractor, you own the copyright.
Note: If you don't have a contract (i.e. it was a verbal agreement or "handshake deal"), then you can be assured that: (1) you didn't assign (or sell) your copyright to the other party; and (2) you didn't grant the other party an exclusive license to use your art. That's because assignments and exclusive licenses must be in writing.
Let's take a look at some examples:
Assignment:
Carole assigns her song to James. The deal is a bit like a sale of property.
Only James can use the song. He can use it however he wants (with some exceptions).
Carole can't use the song because James owns it now.
Non-Exclusive License:
Carole licenses her design to James for a period of time (or forever, if she want to).
James and Carole can use the design.
Plus, Carole can license the design to Joni.
If and when the licenses end, James and Joni won't be able to use the design anymore.
Exclusive License:
Carole exclusively licenses her footage to James for a period of time (or forever, if she wanted to).
James is the only person who can use the footage. Carole can't use the footage (unless there are exceptions specified in the contract).
If and when the license ends, James won’t be able to use the song and all rights return to Carole.
Work Made for Hire (U.S.):
Carole is hired by James to write a song for a commercial under a work for hire agreement.
James owns the song and can likely use it however he wants.
Carole can't use the song because James owns it.
Work Made in the Course of Employment (Canada):
Carole's boss, James, asks her to write a blog post.
If Carole is an independent contractor, she owns the copyright in the blog post.
If Carole is James' employee, James owns the copyright.
Still not sure who owns your art? Sometimes interpreting a contract can be tricky. In that case, you should have an entertainment lawyer review your agreement. As always, this isn't legal advice!
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