Copyright Tips from experts* at CopyrightsNow.com
Question: Your friend or family member offers to create illustrations or take photos for your book. So, who owns the work product? And how do you copyright your book?
The answer depends on who has 'ownership' of the work created (i.e., illustrations, photos, etc.) and whether ownership gets transferred to you or stays with the original creator.
You may be thinking that using some photos or illustrations are 'No Big Deal' ... given it's a family member or friend. And you may be OK if the book is a flop and makes no money. But if the book is a 'winner' and earns lots of money ... that's when the 'wolves will come after you' ... and may claim it was their contribution that made it a success or even sue for copyright infringement and money damages for using their work!
So, it is always best to be pro-active and have a written understanding of who owns the 'rights' to the work with a written document to avoid future legal entanglements!
There are two basic situations to using another's work:
(1) You use the work with permission (but don't own copyrights)
(2) You own the 'rights' to the work under a 'Work-for-Hire' agreement and do own the copyrights
Each situation requires different procedures to properly define intellectual property ownership and for filing your copyright registration to protect your work as a whole.
Making a mistake can invalidate your copyright protection and expose you to legal liabilities. (Learn more)
Copyrights can be very confusing — especially if you have elements in your book that are created or contributed by others: such as illustrators or photographers or licensed stock-art.
If you create all elements in your book yourself (i.e., story, illustrations, art and/or photos) then you own all 'rights' to these elements. And if they are packaged as one Work, then you can copyright protect all these elements on one copyright registration.
However, if you only create the story (i.e., text) and some elements — and used illustrations, art and/or photos or stock-art in the book or book cover or sleeve from other sources — including friends and family — then you can't claim copyrights on those other contributions unless those 'rights' were assigned or transferred to you under a 'Work-for-Hire' or other written agreement*
Situation (1) - You use work created by another entity with permission
You can use content created by others as part of your book if you have permission or a license (in writing) from the creator or stock-art house and you exclude claiming copyrights to those contributions.
Since some illustrations and/or photos included in your book were created by other entities (i.e., illustrator, artist, photographer, or stock-art) then you need to limit your copyright registration by excluding these other contributions as 'Pre-Existing 3rd Party Material' (see Fig. 1). Note: The contractor who created the work is not listed on the registration.
Fig. 1: Sample screenshot showing ‘Limitation for Pre-Existing Material
Situation (2) - You own the rights to the work created by another entity (individual or company)
Copyright ownership of a creative work automatically rests with the person who created the work, unless there Is a written agreement such as a 'Work-for-Hire' or Assignment Agreement which transfers 'rights' to another entity.
Accordingly, you could use a 'Work-for-Hire' agreement which defines the relationship between the parties and the work created under the agreement; and transfers of ownership of all rights to you (as the Client). In this case you actually list yourself as the 'Author' of the work for copyright purposes.
Fig 2: Excerpt from Sample ‘Work-for-Hire’ Agreement
(Note: Always have your own attorney review and customize all legal documents)
With 'Work-for-Hire' agreements, you would treat these artistic contributions (i.e., illustrations, photos, etc.) as if you created them yourself — and list them as your contribution (see Fig. 1) and also select 'Yes' for 'Work-for-Hire'. The contractor who created the work is not listed on the registration. (see Flg.3).
Fig. 3: Sample screenshot of Author Contribution for ‘Text’, ‘Art’ and ‘Photos’
Fig 4: Sample screenshot showing ‘Work-for-Hire’ selection
CopyrightsNow® is DIY software which provides a fast and easy way to file your copyright registration, including: A personalized dashboard, On-line HELP for all screens, detailed 'Use-Case' procedures and Specialist review to check for potential issues that can delay processing by the U.S. Copyright Office.
As a CopyrightsNow client, you can access a Free 'Work-for-Hire' Sample 'fill-in- the-blanks' Agreement for your use and review/customization by your attorney.
For more information on copyright registration and 'Work-for-Hire', see:
https://www.digi-rights.com/drights/blogs/Blog_04a_Work-for-Hire.pdf
To start your copyright registration protection, click to learn more!
--------------------------------------------------------------------------------------------------
* The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations ... so always consult with a personal attorney for legal advice regarding your registration and legal forms.
DISCLAIMERS: Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance on the software, statements and tutorial material.Digi-Rights® and CopyrightsNoW® are registered trademarks of Digi-Rights Direct LLC.
CopyrightsNow is not affiliated with the U. S. Copyright Office.
All Screenshots and Text © 2023 Digi-Rights Direct LLC. All rights reserved. Rev 9.26.23