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Work Made For Hire Doctrine

McDermott Will & Schulte

Transformative documentary use, work made for hire doctrine defeat copyright claims

Elaborating on the application of the fair use doctrine in the documentary context, the US Court of Appeals for the Tenth Circuit affirmed summary judgment after determining that seven of the eight works at issue were works...more

Hendershot Cowart P.C.

Who Owns the Copyright Under the Work-for-Hire Doctrine?

Hendershot Cowart P.C. on

Under standard copyright law, an author owns the copyright the moment the work is fixed in a tangible medium of expression – written down, recorded, photographed, or saved to a hard drive. The work-for-hire doctrine creates...more

Knobbe Martens

Thaler v. Perlmutter: Human Authorship Remains a Cornerstone Requirement for Copyright Registration

Knobbe Martens on

The Supreme Court denied certiorari of the D.C. Circuit’s holding that works created entirely by autonomous AI systems are categorically ineligible for copyright under the Copyright Act. Thus, even though the Copyright Act...more

A&O Shearman

Saudi Arabia's New Copyright Law: Key Changes And Implications

A&O Shearman on

On Friday, February 13, 2026, Saudi Arabia enacted a new Copyright Law, which will replace the previous Copyright Law issued in 2003. The new law (Royal Decree No. M/169 dated 14/08/1447 AH) represents a significant...more

Womble Bond Dickinson

Universal Music Group’s Recent Success in Blocking Section 203 Termination Rights Could Pose a Threat to Artists’ Abilities to...

Womble Bond Dickinson on

On January 8, 2026, the U.S. District Court in the Southern District of New York granted Universal Music Group’s motion to dismiss, and in so doing, prevented hip-hop group, Salt-N-Pepa, from exercising its termination rights...more

Brownstein Hyatt Farber Schreck

New Year’s Resolution: Get a Handle on Intellectual Property

Every business relies on intellectual property, whether it is created by the business or licensed from third parties. It is embodied in software, branding, marketing content, proprietary processes and the everyday work...more

Holland & Knight LLP

Podcast - Art, Law and the Athlete: Protecting Equine Imagery in the Studio and Market

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On the third episode of "The Tack Room," Partner Kayla Pragid speaks with senior counsel Terry Middlebrook and nationally recognized equine and sports portrait artist Kyle Lucks about the meeting point between creativity and...more

Thompson Coburn LLP

Who Owns University-Created Art? A Work Made for Hire Showdown Offers a Cautionary Tale for Higher Ed

Thompson Coburn LLP on

In a decision potentially implicating a number of universities and creative employees, a federal court in Vermont recently held that the University of Vermont (UVM) owned the copyright to a new athletic logo created by a...more

Willcox & Savage

Use the Magic Words: Ownership of Code developed under a Software Development Agreement

Willcox & Savage on

Many companies engage outsourced developers to assist with writing software code, whether for mobile apps, SaaS products, or websites. However, many template MSAs, Service Agreements, or Development Agreements have IP...more

Bricker Graydon Wyatt LLP

AI and Your Purchase Order Form

The purchase order, or PO, is a ubiquitous transaction document introduced by accountants principally for the twin purposes of budget control and fraud prevention. But the PO form also gives you a chance to achieve certain...more

Vondran Legal

How to copyright register a website

Vondran Legal on

The copyright office can copyright register and protect 'creative works of authorship fixed in a tangible medium of expression.' This can include all sorts of creating things like lyrics for a song, a screenplay for a movie,...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | How Employers Can Protect Intellectual Property with Bryan Baysinger of Maynard...

Maynard Nexsen on

Hosts Tina and Jennie welcome their colleague Bryan Baysinger, head of Maynard Nexsen’s Intellectual Property practice group, to discuss how employers can protect their IP in the modern workplace. From remote work and...more

Weintraub Tobin

(Podcast) The Briefing: Who Owns What – Understanding Copyright in Collaborative Projects

Weintraub Tobin on

Who owns the rights when you co-create something? It’s not always as simple as you think. In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. explain copyright ownership in creative collaborations—and...more

Amundsen Davis LLC

I Paid for That Software to Be Developed, So Why Don’t I Own It?

Amundsen Davis LLC on

You may believe that your company has an unfettered right to do what it wants with a computer program created by its workers—but that may not be the case. Consider the two similar scenarios below: Suppose that your...more

Whiteford

Client Alert: Can Works Made with Generative AI be Copyrighted?

Whiteford on

In response to the increased use of sophisticated artificial intelligence (“AI”) technologies capable of producing expressive material, the U.S. Copyright Office (“CO”) published a two-part series on the copyrightability of...more

Venable LLP

Understanding the Work Made for Hire Doctrine in Copyright Law - Part 2

Venable LLP on

As discussed in Part 1, understanding the application of the Copyright Act’s works made for hire doctrine is needed to protect an organization’s intellectual property. Specifically, the application of the doctrine to...more

Venable LLP

Understanding the Work Made for Hire Doctrine in Copyright Law - Part 1

Venable LLP on

Understanding the work made for hire doctrine under the Copyright Act of 1976 is key for effective intellectual property management. The default ownership rule under the Copyright Act provides ownership to the author (i.e.,...more

Brooks Kushman P.C.

Innovations at Work: Who Really Owns Employee-Created Inventions?

Brooks Kushman P.C. on

Let’s say your employee, using company resources, develops a software algorithm that could revolutionize your product line. That’s great news, right? But before you issue a press release and pop the champagne corks, you must...more

Seyfarth Shaw LLP

Avoiding Fumbles and Penalties in California with Influencer Classification

Seyfarth Shaw LLP on

Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed...more

Jones Day

Court Finds AI-Generated Work Not Copyrightable for Failure to Meet "Human Authorship" Requirement—But Questions Remain

Jones Day on

In Short - The Background: Generative artificial intelligence ("GenAI") tools allow individuals to readily generate content, including works that traditionally would be copyrightable if authored by a human being, such as...more

Morrison & Foerster LLP

District Court Rules that AI-Generated Works Cannot Be Copyrighted

The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v....more

Miller Nash LLP

Man v. AI Machine: The Continuing Paradise Saga

Miller Nash LLP on

We recently wrote about Dr. Stephen Thaler’s challenge to the Copyright Office’s refusal to register copyright in “A Recent Entrance to Paradise,” in which he has asked a federal appellate court to grant him summary judgment...more

Brownstein Hyatt Farber Schreck

The Importance of a Work Made For Hire Agreement

It is ideal for a business to employ policies and strategies to own intellectual property, not merely to receive an assignment or license thereto. One tool for doing so is to ensure that copyrightable works are created under...more

Amundsen Davis LLC

Moral Rights: Considerations for Companies in the United States

Amundsen Davis LLC on

There are many common misconceptions about copyrights and other rights associated with the ownership and control of a creative work, such as moral rights. These misconceptions often result in poor contract drafting, which can...more

McDermott Will & Schulte

Oh the Horror: No Work for Hire in Friday the 13th Screenplay

McDermott Will & Schulte on

The US Court of Appeals for the Second Circuit affirmed a summary judgment grant, ruling that an author was an independent contractor when writing the screenplay for a horror film and entitled to authorship rights, and...more

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