1003 Identifying the Authors of a Website
1003.1 Distinguishing Between Individual Authors, Joint Authors, and Works Made for Hire
Websites often contain multiple types of copyrightable content, including literary works, visual art works, and performing arts works. The authors of the content may include visual artists, web designers, bloggers, coders, musicians, singer songwriters, among others. These authors may be individual contributors to the website, multiple authors who contributed to a group project, or employees of a company.
When an individual creates a work of authorship, generally he or she is considered the author of that work. If two or more individuals create a work, they are considered joint authors and the work is considered a joint work. See 17 U.S.C. § 101 [definition of "joint work"]. When an individual creates a work during the course of his or her employment, that individual is not considered the author; the employer is considered the author and the work is considered a work made for hire. See 17 U.S.C. § 101 (definition of "work made for hire").
For a definition and detailed discussion of joint works and works made for hire, see Chapter 500, Sections 505 and 506.
1003.2 Distinguishing Between Authorship and / or Ownership When the Owner of a Website Hires a Third Party to Create Content for That Site
When an employee of a business or other organization designs or creates content for the employer's website while acting within the scope of his or her employment, the employee's contribution is considered a work made for hire. In such cases, the employer is considered the author and the copyright owner of the website and the copyrightable content created by the employee.
In many cases, an individual, organization, or company will hire another individual or entity to create a website. In such cases, the hired individual or entity is considered an independent contractor and any authorship created by the independent contractor is authored and owned by that individual or entity. This is the case even if the hiring party paid the independent contractor to create the website, much like a bride and groom that hired a photographer to take pictures at their wedding. In such cases, the photographer is considered the author and the owner of the copyright in the photographs, even though the bride and groom paid the photographer for his or her time and purchased copies of the photographs. Likewise, the author and owner of the copyright in a website may be distinct from the owner of the tangible copies of that website content, notwithstanding the fact that the hiring party purchased those copies or paid for the web designer's services.
In such cases, the independent contractor always remains the author of the work created. That individual or entity may transfer ownership of the exclusive rights comprising the copyright only by means of a signed, written agreement that transfers or exclusively licenses those rights to another party.
Chapter 1000 : 7
12/22/2014
