What are corporate works, and why do they get such generous treatment concerning copyright??

 

Since 1978, a US copyright is generated automatically by the originating author. Almost always this is a 'real' person, at least in the area of arts (ie music, dance, paint and photography). Now many times a work is created as part of a 'for hire' contract, whether in connection with a commercial business, or with a patron-of-the-arts, but this does not make it a corporate work. The 'for hire' contract is actually a transfer of the rights that started as the creative product of some 'real' person. Any song that can have a person's name attached as composer, even for collaborative works, is not a corporate work. Similarly, an author that sells music to a publishing house may transfer 'all rights' but the term of copyright protection is still based on the original composer's lifespan. The copyright office does not accept any registrations that are truly anonymous, however they will shield authorship from public record if so requested. (Amazingly enough though, ASCAP will demand rights payments for many songs they list as 'unknown' composer - something akin to honoring the 'unknown soldier'? and just exactly how did an 'unknown' thing transfer rights-of-authorship to a publishing house??)

The special treatment offered for corporate works is because they mostly apply to the motion picture industry. A motion picture, stripped of its component parts (script, choreography, music and lyrics etc) can be copyrighted as a produced work. It's the Hollywood studios, as corporate entities, that 'author' a finished film product, so now you know the secret of how only they can get the special 120 years of protection.

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The above material is intended to provide correct guidance concerning application of the term "corporate authorship". A lawyer might tell you that corporate authorship does indeed include work-for-hire, truly anonymous or pseudonymous works. But copyright protection obtained prior 1978 is based on publication dates solely, so that whether the material was created by an individual, partnership, corporation or space alien, makes no practical difference. Starting in 1978, copyright registrations are only accepted from genuine creative "authors" or their assigns. Since registration is the first required action that must be taken in order to legally enforce any kind of copyright protection, it is not possible for an "unknown" person or "employer" to obtain the benefits currently given for corporate authorship. See also Work for Hire.


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