Copyright type issues are often mishandled or misconstrued. For businesses, ownership claims can be tricky when working with third parties to create new marketing materials, a web site, a software APP, or any other creative work that is made by someone else.

Ownership issues can become complicated when businesses, or other parties besides the person who creates the work are involved. Copyright law allows ownership through “works made for hire,” which establishes that works created by an employee within the scope of employment are owned by the employer. The work made for hire doctrine also applies to certain independent contractor relationships, for certain types of commissioned works. Proactive involvement key be the key to clearly establishing ownership or a mere license right.

The freedom of access on the web media creates a very difficult environment for the owner’s enforcement rights since many believe easy access equals freedom to use. When permission should be sought can be done only with a focus on legal exceptions or in some cases a reliance on public domain works. Exceptions and limitations such as “fair use”, or the “first sale doctrine,” are fact based for application. This analysis is vitally important since if done wrong, a party can be subject to significant monetary damages, paying for legal fees and injunctions that could greatly impact a viable business.