Can I copyright something on behalf of another person?

I’m afraid the Copyright Act beat you to it. Copyright arises automatically under the law at the time a copyrightable work is created and “fixed in a tangible medium of expression” (e.g., drawn on paper, saved in digital format, recorded on tape, etc.). What that means is that your cousin’s logo design was protected by copyright law as soon as she created it, and she has owned the copyright since that time.

What you may be thinking of is the act of registering a copyright with the Copyright Office. Registering a copyright doesn't create the copyright itself — it simply records a person’s claim to a particular copyright with the federal government. (It also provides some very valuable benefits in the event someone infringes the copyright, which is the primary reason most people and businesses do it.) Unfortunately though, you aren't permitted to register someone else's copyright unless you’re acting as the copyright owner’s authorized agent. So, at least assuming you want the gift to be a surprise, the Copyright Office won't permit you to register the copyright in the logo since you don't have your cousin’s authorization. But you certainly can help your cousin do it herself or even ask her for authorization to be her agent for the purpose of registering the copyright.

                                                                                                                                                               

Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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Copyright – What Can You Protect?

The legal protection known has “copyright” has come front and center over the past few years with major legal rulings regarding peer-to-peer networks on the Internet. Copyright protection, however, can be a confusing area of the law. This article details what can and cannot be protected by copyright. 

Copyright Protection? - Yes

Copyright protects "original works of authorship" in a tangible, fixed form of expression. The material does need to be directly perceptible as long as it can be expressed with the aid of technology. A good example of this is a movie, which requires a projection device of some sort.

Materials that can be copyrighted include:

1. Literary works;

2. Musical works, including any accompanying words

3. Dramatic works, including any accompanying music

4. Pantomimes and choreographic works

5. Pictorial, graphic, and sculptural works

6. Motion pictures and other audiovisual works

7. Sound recordings

8. Architectural works

Each of these categories is traditionally given a very broad reading. For instance, “literary works” include computer programs and plans for building a home are considered "pictorial, graphic, and sculptural works." While copyright cuts a broad path, it doesn’t cover everything.

Protected by Copyright? – No

If a work is not tangible, copyright protection will not apply. This can lead to confusion, so here are a few categories not eligible for protection from copyright:

1. Works that are not fixed. For example, the statements made by experts at a round table discussion or a comedian’s stage act.

2. Titles, names, short phrases, and slogans. These materials may be eligible for patent protection.

3. Ideas, procedures and methods.

Copyright protection is a valuable intellectualproperty tool.  If it all possible, copyright the material you produce to prevent others from misusing it.

Author:Richard A. Chapo

Source: articlecity

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