Re: Copyright notice

by Doug Isenberg <disenberg(at)GigaLaw.com>

 Date:  Mon, 26 Jun 2000 08:01:04 -0400
 To:  "HWG Business" <hwg-business(at)hwg.org>
 In-Reply-To:  koll
  todo: View Thread, Original

>I noticed a thing the other day while browsing the web.
>The copyright notice sometimes says that the copyright belongs to the
>designer, other times the copyright notice says that the copyright
>belongs to the client of the designer (the one who ordered the design
>service).
>
>Which is the way to go. Should the copyright be owned by me or my
>client? Benefits and downsides of both?

         Under U.S. law, applying a copyright notice to a web site (or any 
other work, for that matter) does not determine who owns the copyright.  In 
other words, it's possible for a web designer to apply a copyright notice 
in his name to a web site that he designs for a client -- even though the 
client may actually own the copyright.  So, the first issue to be 
determined is not, "What should the copyright notice say?" but "Who should 
own the copyright, and how do we accomplish that?"  For some answers to 
these questions, see the following articles:

         "The Basics of U.S. Copyright Law," at 
http://www.gigalaw.com/articles/loc-2000-03-p1.html
         "Ownership Issues in Copyright Law," at 
http://www.gigalaw.com/articles/landau-2000-04-p1.html
         "What is a 'Work Made for Hire' in Copyright Law?" at 
http://www.gigalaw.com/articles/loc-2000-02-p1.html


=======================
Douglas M. Isenberg
Attorney @ Law
Editor & Publisher, GigaLaw.com
=======================
GigaLaw.com: "Legal Information for
Internet and Technology Professionals"
http://www.GigaLaw.com
=======================

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