How to Utilize Intellectual Property in Your Small Company

Small enterprises may utilize copyrighted content provided they first get permission. Find out how here.

What you’ll discover:

Who owns the copyright if a company hires someone to create material or designs?
How can a company know whether anything is protected by copyright?
When may a company utilize copyrighted content without getting permission?
How can a company get authorization to utilize copyrighted material?

Copyrights and other intellectual property (IP) may be the most valuable assets for many firms. Whether it is original material, designs, marketing, branding, software, or patents, understanding the fundamentals and doing legal research are required to ensure that the work that is exploited will not result in legal difficulties. Answers to frequently asked questions regarding utilizing copyrighted goods you make or discover online.

Who owns the copyright if a company hires someone to create material or designs?

Some firms may already have a person on staff who develops the company’s critical intellectual property. If this individual creates anything over the course of their job, the employer owns the original work. This is referred to as the work-for-hire rule. The right to utilize a creative work under copyright law usually belongs to the person who developed it. Work-for-hire is an exemption to the copyright law that applies to workers.

But, keep in mind that the work-for-hire exemption does not apply if you engage an independent contractor to create something unique for your company. It is a good idea to engage into a Copyright Assignment agreement when dealing with an independent contractor or freelancer. This agreement conveys the independent contractor’s copyright to you, subject to any exceptions you and your contractor agree upon.

Preferably, the agreement will provide you complete copyright. Nevertheless, in other cases, the contractor may only transfer a portion of the copyright. They may, for example, permit use of the work only for a limited time or in a limited media. In these cases, you can expect to pay less for fewer privileges. For example, if you simply need the work for a one-time advertising campaign, it may be less expensive to acquire a partial assignment for that particular purpose.

How can a company know whether anything is protected by copyright?

You may need to employ a few photographs or graphic designs while creating a brief advertising campaign for your firm. You may explore online for pre-existing creative works to utilize, but you may not be allowed to use them unless you have permission. Initially, you should determine if the works you want to employ are subject to copyright limitations. A quick review by you or an authorized employee may decide if the work is copyrighted.

Examine the work to check whether it has a Copyright Notice. The notice is printed on the creative work someplace, such as at the opening of a book, at the conclusion of an article, or in the corner of a picture or piece of art.
Search the online copyrighted works database. The database will include any work developed and registered after 1978.
Request a search from the United States Copyright Office.
Get in touch with the individual who made the piece.

Not all generated works are registered with the Copyright Office, and they are not need to be registered in order to be protected by copyright. If looking at the creative work or searching the appropriate databases does not reveal ownership, the individual who created the work may be the greatest resource.

When may a company utilize copyrighted content without getting permission?

Even if the work is not registered with the United States Copyright Office, most creative works are protected by copyright. When you don’t know, own the rights, or have an agreement to use a work, it’s better to presume it’s copyrighted. In general, a company may not utilize copyrighted content without the owner’s consent. Sometimes obtaining permission is as simple as ticking a box on a website, while other times it may need contacting the owner directly.

The Fair Use Doctrine in copyright law provides an affirmative defense against charges of breaching the owner’s copyright when it is utilized in another creative work without authorization. In general, if the usage is commercial in nature, this justification will fail, although there are certain exceptions.

If you discover that another company or individual is utilizing your copyrighted work without your permission, you may take action to stop them. The first step is to issue a letter of cease and desist. The letter will notify the individual about your copyright and request that they cease breaching your rights.

How can a company get authorization to utilize copyrighted material?

Obtaining permission to use the work may be as easy as contacting the copyright holder. You may then outline your reasons for seeking its usage. Since your goal is most certainly business, you should expect to pay for the use of the item. You will engage into a Copyright Licensing Agreement with the owner of the copyright, in which the owner will grant you permission to utilize their work in return for money. The agreement will specify how much royalties the copyright owner will get (and how much you will pay), the period of the license, and other key data.