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From Lawrence Van Gelder’s article in The New York Times, Dec. 28, 2007:
Egypt plans to copyright the Pyramids, the Sphinx and various museum pieces and use the royalties from copies to pay for the upkeep of its historic monuments and sites, The Guardian of London reported.
Quite simply, 4,000-year-old edifices are in public domain. How could Egypt enforce the copyright? It cannot. The entire concept is preposterous.
What is not preposterous is what you can copyright. Section 8 of the U.S. Constitution states that Congress has the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
This boils down to the fact that you own everything in your head, every word or piece of artwork that you put on paper or create electronically. If someone steals your work, you can sue to stop it. A couple of caveats:
• If you work for a company and are on salary and benefits, the company owns everything you create for the company.
• If you sign a “Work for Hire” agreement, the person or company hiring you owns everything you do to fulfill that agreement.
• You can stop the use of your original material by someone who is pirating it. However, you cannot sue for damages unless you have registered your work with the U.S. Copyright Office.
What This Means to Direct Marketers
Many years ago I was hired to write and design a mailing for a regular client who marketed continuity series to consumers. I already had four control packages that were generating orders at nice profits. The marketing manager—for whom I had done many successful jobs over the years when he was at various companies—left and was quickly replaced by a new guy who I had known many years back in the world of book publishing. This clown did not know how to work with freelancers.
The guy had not thought through this continuity series; it was a work in progress. I would create a draft and thumbnails, and my artist would create rough comps, whereupon the manager would change the product and want a new version. My artist was running up bills—for which I was liable—and I was spending a lot of time on the project. Finally, the idea was scrapped.
I sent a bill for our work—the artist’s and mine—and it was not paid. I sent two more reminders, and nothing happened. If I did not do something, I was going to be out-of-pocket several thousand dollars to my artist and with zero income for me.
Mad as hell, I sent a copy of the bill to the president of the company—with a copy to the controller—along with a letter stating the following:
• I was the author and designer of four successful mailings that were currently generating revenue—and I listed them.
• The new guy’s predecessor hired me on a handshake—with no work-for-hire contracts on any of the assignments.
• Therefore, I own all the rights to the four mailings.
• If the enclosed bill was not paid immediately, I would withdraw the company’s rights to use all prior mailings and would take them all to court in order to enforce the action.
I received a check within a week.
Takeaway Points
The lessons are:
• Generally speaking, you own what you create, absent being an employee or signing a work-for-hire agreement.
• You can stop the unauthorized use of your material. However, you cannot sue for damages unless that material is registered with the U.S. Copyright office.
• If you hire freelancers, it is wise to have contracts that include work-for-hire agreements, specifics on what is expected—including revisions—and kill-fee policies.
For more information:
FAQs about copyright (including fair use): http://tinyurl.com/28s7sa
U.S. Copyright Law: http://www.copyright.gov/title17/
How to register work with the U.S. Copyright Office: http://www.copyright.gov
Denny Hatch is a freelance direct marketing consultant and copywriter. Visit him at www.dennyhatch.com, or contact him via e-mail at dennyhatch@yahoo.com.
Egypt plans to copyright the Pyramids, the Sphinx and various museum pieces and use the royalties from copies to pay for the upkeep of its historic monuments and sites, The Guardian of London reported.
Quite simply, 4,000-year-old edifices are in public domain. How could Egypt enforce the copyright? It cannot. The entire concept is preposterous.
What is not preposterous is what you can copyright. Section 8 of the U.S. Constitution states that Congress has the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
This boils down to the fact that you own everything in your head, every word or piece of artwork that you put on paper or create electronically. If someone steals your work, you can sue to stop it. A couple of caveats:
• If you work for a company and are on salary and benefits, the company owns everything you create for the company.
• If you sign a “Work for Hire” agreement, the person or company hiring you owns everything you do to fulfill that agreement.
• You can stop the use of your original material by someone who is pirating it. However, you cannot sue for damages unless you have registered your work with the U.S. Copyright Office.
What This Means to Direct Marketers
Many years ago I was hired to write and design a mailing for a regular client who marketed continuity series to consumers. I already had four control packages that were generating orders at nice profits. The marketing manager—for whom I had done many successful jobs over the years when he was at various companies—left and was quickly replaced by a new guy who I had known many years back in the world of book publishing. This clown did not know how to work with freelancers.
The guy had not thought through this continuity series; it was a work in progress. I would create a draft and thumbnails, and my artist would create rough comps, whereupon the manager would change the product and want a new version. My artist was running up bills—for which I was liable—and I was spending a lot of time on the project. Finally, the idea was scrapped.
I sent a bill for our work—the artist’s and mine—and it was not paid. I sent two more reminders, and nothing happened. If I did not do something, I was going to be out-of-pocket several thousand dollars to my artist and with zero income for me.
Mad as hell, I sent a copy of the bill to the president of the company—with a copy to the controller—along with a letter stating the following:
• I was the author and designer of four successful mailings that were currently generating revenue—and I listed them.
• The new guy’s predecessor hired me on a handshake—with no work-for-hire contracts on any of the assignments.
• Therefore, I own all the rights to the four mailings.
• If the enclosed bill was not paid immediately, I would withdraw the company’s rights to use all prior mailings and would take them all to court in order to enforce the action.
I received a check within a week.
Takeaway Points
The lessons are:
• Generally speaking, you own what you create, absent being an employee or signing a work-for-hire agreement.
• You can stop the unauthorized use of your material. However, you cannot sue for damages unless that material is registered with the U.S. Copyright office.
• If you hire freelancers, it is wise to have contracts that include work-for-hire agreements, specifics on what is expected—including revisions—and kill-fee policies.
For more information:
FAQs about copyright (including fair use): http://tinyurl.com/28s7sa
U.S. Copyright Law: http://www.copyright.gov/title17/
How to register work with the U.S. Copyright Office: http://www.copyright.gov
Denny Hatch is a freelance direct marketing consultant and copywriter. Visit him at www.dennyhatch.com, or contact him via e-mail at dennyhatch@yahoo.com.
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