Grasping derivative works, copyrights

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Who really owns the content of your website? Does your business use third parties to provide you with creative content such as photographs or text for your website or promotional and marketing materials? Just because you paid for it does not mean you own it. The copyright law requires more. rnrnThe written agreement parties provides an opportunity to address the ownership rights, if any, in any derivative works. These rights, like other risk allocations in a contract, are the subject of negotiations. However, when the agreement is silent on these issues, then a third party (that is, a judge or arbitrator) may decide these issues for the parties. rnrnThis article explores one case where the owner of rights to a valuable product lost the rights to photographs of the product. rn

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Alan Wernick, FSB FisherBroyles, LLP | Attorney Advertising

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