Class 3 - 20240911 - Exception for Copyright

AI and Copyright

In the office view, it is well-established that copyright can protect only material that is the product of human creativity.
Most fundamentally, the term "author", which is used in both the Constitution and the Copyright Act, excludes non-humans.

The First Sale (of a copy) Exception
If you purchased a tangible copy of a copyright work, you can distribute that copy without permission from the copyright owner.
The Work for Hire Doctrine
The copyright law defines a work made for hire as:
1. The work prepared by an employee within the scope of his or her employment; (such work is owned by the employer).
2. Works created by freelancers: a work specifically ordered or commissioned for use as a contribution to a collective work (such as film). The parties must expressly agree (who own the work) in a written contract.

This is one of the most important legal issues of this course:
From a production company viewpoint, all of the contributions of the artists, actors, writers, directors, other employee and freelancers (independent contractors) should be created as a "work made for hire". The written contract should:
1. Explicitly state that the work is being done for the production as a "work made for hire".
2. The contract should be signed by the worker.
Remember: In the area of copyright, your agreement has to be in writing (or it does not count for a thing).

To protect yourself, be sure to have the copyright of someone who is working on your film assigned to you.
Assignment (to assign) is the transfer of a copyright or part of a copyright to another owner.

In most instances, the person who creates the work is the owner of the copyright.
Joint ownership (if no contract) the default provisions of the copyright law applies - equal ownership regardless of their contribution.
Writers Collaboration Agreement