Wednesday, 9 June 2010

Tip of the day

Until I run out of ideas, I'll present a tip every day - OK, let's say every weekday - for the benefit of readers - and the world at large. Feel free to request anything you think should feature.

I always tell people who come on a course where the subject comes up that they must remember that there is notihing in UK copyright law to make the commissioner (even for money or money's worth) of a copyright work the owner of copyright in it. That has to be done by assignment, and an assignment has to be in writing and signed by the copyright owner if it is to be legally effective.

Many businesses, and private individuals, hire others to create something for them: a photograph, a graphic, a painting, some prose, a piece of music, a film. It might be perfectly OK for copyright to remain with the creator - who can then sell the same thing, or one identical to it, to someone else, perhaps - but there will certainly be situations where this is not desired. Imagine if your business did not own copyright in its own website: it would be difficult to move it to another host. And trade marks - logos in particular - frequently comprise, or contain, copyright works. You can't leave them in the control of a graphic designer.

When you commission the making of the work, whatever it is, you should make a written record of the terms. This is what is commonly called a contract - and it's the ideal place in whcih to include an assignment. Pay your lawyer to draw it up for you. It's worth it. Because this site does not give legal advice (I am deliberately keeping these tips general) I'm not going to offer a form of words, I'm afraid.

No comments:


blogger templates | Make Money Online