Many businesses have an interest in acquiring copyrighted works. Copyright protections limit who can distribute, monetize and publish original creations. Both publication and formal registration can ensure sole control over copyrighted works for decades.
Businesses may purchase the rights to certain creations from other businesses or creative professionals. In some cases, organizations choose to work directly with creative professionals to create bespoke pieces of art, writing or music. The goal may be to monetize those works or to use them as part of the company’s branding efforts.
Copyrighted materials produced by employees or contractors could become sources of conflict when a working relationship between an organization and a creative professional ends. Who owns the original work at the end of the professional relationship?
Contracts dictate ownership rights
The employment contract signed by a professional or the arrangement negotiated with an independent contractor likely includes language discussing the ownership of original creations. It is common practice for businesses to claim ownership of creative works produced by professionals under contract.
The company usually retains the right to publish, sell and otherwise distribute the works created by an employee or independent contractor. Those professionals may be able to reference those works in their portfolios, but they may not be able to license them to others or republish them.
Confusion about ownership rights and control over original creations can arise when companies terminate professional contracts or workers leave for new opportunities. Reviewing contracts and discussing any particular situation with an intellectual property attorney can help businesses protect their interest in original copyrighted works. Organizations often have ownership of and control over the creative works produced by those under contract with their company.