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Intellectual Property Basics: Copyrights

Part 2 of a 2 Part Series

By:

Barbara F. Dunn, Esq.

Many conference planners do not understand the importance of intellectual property in

the context of their organization’s conferences. This column is designed to provide planners

with the essential elements of intellectual property and to illustrate how intellectual property

issues can arise within religious conferences. In our last column we focused on trademarks. This

column will focus on copyright.

Definition

Copyright is a property right in an original work of authorship such as an article, book,

sermon, picture, music, or software. This property right arises from the moment a work is

created. Ideas, which are not reduced into some tangible form, and facts, such as names and

addresses, are not eligible for copyright protection. Also government publications, such as an

IRS publication, are not subject to copyright and may be used freely.

Ownership

The creator of the work owns the copyright to the work unless the person who created the

work is an employee of an organization and created the work in the scope of their employment.

If both requirements are met, the employer owns the copyright to the work.

There is a doctrine known as “work made for hire” which will also determine ownership.

Under the doctrine, a contractor hired to produce a work for another automatically transfers

ownership in the work to the hiring party. This doctrine, however, has been limited by recent

case law. Organizations should not rely on the work made for hire doctrine alone to obtain

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both international and Pan American copyright conventions.

copyright ownership but instead should have a written document with the contractor which states

that this is a “work made for hire” and that the contractor is transferring and assigning all rights

to the organization.

Rights of Copyright Owners

Copyright owners have a “bundle” of rights in their work. Such rights are:

• Reproduce the work – this means only the copyright owner has the right to make

copies, photocopies or otherwise, of the work.

• Prepare derivative works – this is the right to modify or revise a work, such as to

come out with a second edition of a book, or a play derived from a book, or to

translate the work into another language

• Distribute the work – only the copyright owner can sell the work.

• Perform the work, such as a play or a musical work.

• Display the work – this is the exclusive right that the copyright owner has to

display a work of art, for example.

Under the Copyright Act, for works created on or after January 1, 1978, the above rights belong

to the copyright owner for the life of the owner plus 70 years following their death.

Registration

Federal registration of copyrights is recommended but is not required. The registration

process is straightforward and does not require using a lawyer to complete the application. For

more information about copyright registration, see www.copyright.gov.

Notice

Since copyright arises from the moment the work is created, organizations should include

a copyright notice with their works. Following is a sample copyright notice:

©Copyright [year(s) of first publication]. [Name of Organization] [City, State, and Country of

Office(s)] [Optional direction: “All rights reserved”; “No right of reproduction without the prior

written consent of Organization”; “Reproduction permitted with credit to Organization”]

So How Does Copyright Apply to Conference Planners?

Conference planners are often faced with a variety of copyright issues. For example,

when planners retain speakers for their organization’s conference, the speaker owns the

copyright to their presentation and to their handouts. If the organization wants to audiotape,

videotape, or photograph the speaker or if the organization wants to reproduce the speaker’s

handouts or put them online or on a CD-Rom, the organization must first secure permission from

the speaker to do so. Such permission is called a “license”. The best vehicle to secure a license

is a speaker agreement.

Conference planners also hire photographers for their conferences. Since the

photographer owns the rights to the picture, planners should ensure that the contract with the

photographer transfers ownership to the organization. This transfer of ownership is known as an

“assignment”. By owning the pictures, the organization can freely reproduce them, display them

on their web site, etc.

Another copyright issue which planners face is music licensing. The copyright to a

particular piece of music is owned by the composer. Performing rights societies such as BMI

and ASCAP were formed to represent the interests of music composers. If an organization wants

to play music at its meetings, it must secure a license from the performing rights society which

represents the composer of such music. Performing rights societies offer organizations a

“blanket” license agreement in which the group can pay one fee per year for all music played

during the year at the organization’s conferences and events. Note that music played during a

religious service is exempt from the license requirement.

Planners should also be aware that when they hire contractors (non-employees), they

must obtain either ownership of the work (via assignment) or permission to use the work (via

license) from the contractor. For example, if the organization retains the services of a graphic

artist to design its conference brochure, the agreement with the graphic artist should state that the

brochure is a “work made for hire” and that the graphic artist is transferring their rights in the

brochure to the organization. Note also that if volunteers, such as church members, create works

such as songs, articles, or photographs, the organization must obtain a copyright assignment from

the volunteer or a license from the volunteer to use the work.

Copyright Infringement

It is important for copyright owners to monitor their work to ensure that no one is

infringing on their rights – that is using their work without their permission. If a copyright owner

becomes aware that someone is infringing on their copyright, the copyright owner may seek a

copyright infringement claim against the unauthorized user. If the work is registered with the

United States Copyright Office, the owner may seek damages in federal court.

Summary

As you can see, copyright issues frequently arise when planning conferences. Planners

should ensure that the proper measures are in place to protect copyrighted works owned by their

organization and to seek proper permission to use the copyrighted works of others.

Barbara Dunn is an attorney and partner with Howe & Hutton, Ltd, a law firm which specializes

in the representation of groups in the meetings, travel and hospitality industry. She can be

contacted at bfd@howehutton.com.