Intellectual Property Policy- Does It Address Copyright?
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Last month we took a look at the client/AMC ownership rights in material and software systems as it relates to your intellectual property policy. This month we will delve into copyright protection.
What is your company’s policy for securing the rights to use copyrighted material? What steps are taken to make sure there is no unauthorized use of copyrighted material? These should be an important part of your intellectual property policy.
An original work is protected under Section 102 of the Copyright Act. Once a work is fixed in a tangible medium – paper, recorded, typed into a computer file, audio or video it is protected. Protected works include literary works, musical works, dramatic works, pictorial, graphics, charts and figures, audio visual works, sound recordings and architectural works. The copyright holder has the right to reproduce the work, modify or revise the work, distribute, perform and display the work.
Associations or nonprofit organizations commonly engage consultants or contractors to write material for publication in newsletters, periodicals or books. Those independent contractor own the work they create unless the contract specifically assigns or transfers the right to the association or nonprofit organization.
It is also important to understand copyright infringement and Fair Use. The Fair Use doctrine acts like a defense for copyright infringement and only applies after the infringement occurs. It allows limited use of a copyrighted material without the author’s permission but is vague and subjective, can incur a lot of litigation and must pass a totality of circumstances test. The best plan is to make sure that authorization to use copyrighted materials is obtained.
Association management companies and their employees should also understand Work for Hire. When an employee creates a work in the course of his employment the work is presumed to have been made for hire and belongs to the employer. This is done automatically without written transfer of the rights.
Your Intellectual policy should address copyright to protect your AMC and clients. Provisions should be made in your contracts with consultants and contractors that address copyright transfers or assignments.
Next month’s Accreditation Tip will cover Trademarks – registration, post-registration and monitoring for infringement.
