04 June 2008

3.0 Ownership of Copyright Materials

3.1 Question: Who owns the copyright to the text and illustrations/photographs in a published book?
Answer: There is no straightforward answer. Ownership depends upon the publishing agreement signed by the publisher and author/illustrator/photographer. If you want to reproduce a portion of a book, it is often easiest to locate and contact the publisher. If the publisher cannot provide you with reproduction rights, they can refer you to the author/illustrator/photographer, or their representative, who may provide you with the appropriate rights. (2006-3)


Jn said...

My question is this:

Real names and websites excluded for privacy.

My friend and I create friendlyfroggy.com , an SEO site for users to search for deals and offers and whatnot.
He coded it, I supplied the logo, name, and did the graphics for that. The domain is in his name. We have had a disagreement and parted ways, and I have started a new site entitled friendlyfroggymarket.com

the logo used was free clip-art, adapted to my needs. I have re-used the same piece and adjusted it even further. The website is the same idea, re-designed.

As I was the original author of the name and visuals, but he uploaded them, who has the copyright ownership? The author (myself), or the publisher (him) ?


Copyrightlaws.com said...

Hi JN -- next time you enter into any partnership, a partnership agreement setting out who owns what is highly recommended. At this point, some general principles to guide you -- there is no copyright in ideas -- anything jointly created is jointly owner -- anyone can access and use/adapt public domain works (as long as they are truly in the public domain!)

SuzAnn said...

my question is this: if a company funds a grant for research and the receipent then publishes a paper in say, JAMA, with tables, graphs, and questionnaires based off the research, who owns those tables etc? We're trying to find the copyright owner of a questionnaire and have gotten told three different entities own it!

Copyrightlaws.com said...

Hi SuzAnn, generally the author of any research (unless employed) owns the copyright in his writings. However, an author could agree to grant those rights to someone else including a funding agency.