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Owner or Author – What’s the Difference?

November 29, 2015 By Kelley Keller

Owner or Author – What’s the Difference?

Just because you wrote it doesn’t mean you own it.

Just because you painted it doesn’t mean you own it.

Just because you recorded it doesn’t mean you own it.

This list could go on and on because copyright law views the creator of a work and the owner of the legal rights to the work as two very different things.

Copyright Owner or Author

First, let’s clarify some legal terminology. In the world of copyright law, the creator of a work (such as the author of a book, the photographer who took a picture, the artist who painted a painting, a musician who recorded a song, and so on) is referred to as the author or originator. The person or entity who has the legal rights to publish, modify, and republish the work is referred to as the owner.

Bottom-line, if you don’t understand copyright ownership and protect your creative work now, you could get into some expensive trouble later. Here are three examples of how ownership vs. authorship could matter to you as the originator of creative work:

1. Assigned Rights

An author writes a manuscript and sells (i.e., “assigns”) the ownership rights to a publishing company. The author has given up any rights to that manuscript.

If you’re an author, make sure your publisher’s contract states that you retain the copyright to your work.

2. Work for Hire

A writer (or photographer, painter, or other creator) is hired by a business, individual, or any other paying client to create a written work for that client as part of a specific agreement. This is referred to as a “work for hire” arrangement, and the client who pays for the work gets the authorship and ownership rights to it.

If you’re a writer, write something for a paying client, and want to retain the copyright for your work, make sure the contract is not a “work-for-hire” agreement and clearly states that you retain the authorship and ownership of your work.

3. Employer-Employee Relationship

A video game developer creates a new video game on the company’s dime as part of his or her employment. The employer is the author and owner of the work.

If you’re a full-time employee who creates original work for your employer, it is highly unlikely that the employer would agree to give you the copyrights to that work. Part of your employment with the company means that the work you create as an employee belongs to the company.

Owner or Author beyond Copyright Law

Keep in mind, ownership vs. authorship extends beyond copyright law. It also applies to trademark law and patent law. In other words, it touches all aspects of intellectual property law.

Trademark Law

In trademark law, the creators of the mark (i.e., the words or logo), are not recognized by the law. Only the trademark owner is recognized as having any rights to that mark. Furthermore, a trademark can pass from owner to owner at any time during the lifespan of a mark.

For example, when Pfizer purchased Warner Lambert and became the new owner of the Lipitor trademark, it got all of the legal rights, too.

Patent Law

In patent law, the inventor is the person who created the invention, but the owner can be the inventor, an employer, or a different person or entity to whom the patent rights are assigned or transferred.

For example, the employees who invented the new technology used in the first iPhone don’t own the patents to those inventions. Their employer, Apple, is the patent owner and retains all legal rights to those inventions.

Protect Your Original Work by Knowing Your Rights and Role

The lesson to learn is simple. Understand your rights as creator vs. owner of your original work before you agree to a “work for hire” contract or allow anyone else to pay for or use your work.

About Kelley Keller

Kelley Keller, Esq. is an intellectual property (IP) attorney, speaker, and educator with two decades of experience in the IP field. She works with individuals and businesses in a wide variety of industries helping them transform their ideas, knowledge, and innovation into valuable business assets that drive profits. Kelley offers education to established businesses, startups, entrepreneurs, corporate executives, non-profits, government agencies, legal professionals, and students about starting and growing a business as well as about IP, social media law, and the importance of protecting valuable brand assets and creative work.

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  1. comparative discussion paper: How Do Rights And Ownership Differ Between Netflix And Steam And Do These Rights Restrict Authors Of Producing New Content? – Aidan Joeseph Dolan says:
    November 25, 2016 at 12:13 am

    […] K. (2016). Owner or Author – What’s the Difference?. [online] Kelley Keller. Available at: http://kelleykeller.com/owner-vs-author-whats-the-difference/ [Accessed 18 Nov. […]

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What People are Saying about Kelley Keller

Lisa Frederiksen | Author, Speaker, Trainer, Consultant at BreakingTheCycles.com

Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
2016-04-23T10:27:42-05:00
Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
http://kelleykeller.com/testimonials/lisa-frederiksen/

Kelly Phillips Erb | Senior Editor at Forbes

Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right.

Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
2016-04-23T10:42:43-05:00
Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right. Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
http://kelleykeller.com/testimonials/kelly-phillips-erb-senior-editor-forbes/

Charlotte Avery | CEO at Being Charlotte Avery

Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley.

Kelley, THANK YOU for EVERYTHING!!!
2016-04-23T10:46:03-05:00
Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley. Kelley, THANK YOU for EVERYTHING!!!
http://kelleykeller.com/testimonials/charlotte-avery-ceo-charlotte-avery/

Ruth Koup | Founder of Suits to Careers, Inc., Dress for Success South Central PA & Tied to Success

Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
2016-04-23T10:49:27-05:00
Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
http://kelleykeller.com/testimonials/ruth-koup/

Matt Bloom | Founder & CEO of CRIMEWATCH Technologies, Inc.

Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
2016-04-23T10:53:29-05:00
Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
http://kelleykeller.com/testimonials/matt-bloom-founder-ceo-crimewatch-technologies-inc/

Zachary Ziegler | Brewmaster at Molly Pitcher Brewing Company

Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
2016-04-23T10:54:48-05:00
Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
http://kelleykeller.com/testimonials/zachary-ziegler-brewmaster-molly-pitcher-brewing-company/
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