Who Owns the Copyright? What Happens When You Collaborate or Hire Out by Kelley Way
Let’s welcome back monthly columnist Kelley Way as she shares with us “Who Owns the Copyright? What Happens When You Collaborate or Hire Out” Enjoy!
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Copyright Ownership When You Work Alone
Copyright ownership is easy when you work alone:
You’re the sole author, so you have 100% ownership of everything you create.
But what if you decide to collaborate with someone?
What if you hire a ghostwriter?
What if you contribute to a collection of works?
Who owns the copyright then?
Co-Authoring and Joint Ownership
Let’s examine each of these scenarios to find out who owns the copyright:
If you want to create something with someone (e.g., co-author a book), you are considered joint owners.
Both of you share copyright ownership equally.
If there are more than two authors, everyone still has an equal share.
But an interesting point about co-ownership:
You only need your co-author’s permission to grant an exclusive license to your work.
If you want to give a nonexclusive license (i.e., multiple people can have rights to the work), the permission of all authors is not required.
That said, you still must account to your co-authors for any money made from these nonexclusive licenses, and you should really think about how this will impact your relationship before you move on this.
Hiring Someone to Create Work (Work for Hire)
Hiring someone to make something for you is a different story.
This would fall under the “work for hire” doctrine, which states that the copyright belongs to the person who commissioned the work, not to the employee who actually performed it.
But if the person is not a literal employee, then there is a question of whether the work-for-hire doctrine applies.
To be safe, you should always have a written agreement stating who is the author and who owns the copyright (you’d think those are the same thing, but they’re actually not.)
Contributing to a Compilation
Contributing to a compilation (e.g., a collection of essays or short stories being published together) raises some questions.
Generally, you own the copyright to your contribution, and you’re granting a license to the editor or publisher, but there are some scenarios where this is considered work for hire.
When in doubt, look at the contract. (Hint: if you don’t see a formal contract, look at the terms for submission.)
Questions About Copyright Ownership
If you have questions about who owns the copyright after a collaboration, hire situation, or another scenario not mentioned here, feel free to contact me at kaway@kawaylaw.com.
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ABOUT THE AUTHOR
Kelley Way was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, followed by a Juris Doctorate. Kelley is a member of the California Bar, and an aspiring writer of young adult fantasy novels. More information at kawaylaw.com.
