The way copyright law generally works is you as the "author" (this title defines a work's creator no matter what medium the product is created for) are awarded sole ownership of your work for no less than your entire life plus 70 years. As you might've guessed, this can be very lucrative for artists and their families for a substantial amount of time. (Copyright was extended by California Senator and "I Got You Babe" crooner Sonny Bono in a 1976 amendment, after all. Clearly this former singer saw the benefit.) But what if you have a job? Furthermore, what if the thing you've created is in direct line with what you produce at work. Do you still own it? Probably not.
This would fall under a "work made for hire." This essentially means that any product you create for an employer, or in comparison to what they produce, automatically shifts owner- and authorship to the employer. For instance, this blog you're reading is not mine even though I've written it. It's owned 100% by brass|MEDIA Inc.
Taking it a step further, say you work for Nike as a shoe designer. You're working on the next high performance running shoe and you have an idea that will make it ten times better. Instead of working your idea into Nike's design, you create your own shoes at home in your spare time. Nike finds out and sues. Well, let's just say you're in big trouble. Nike can then argue that, even though your design was done on your own time and not for Nike, they commissioned your work for their benefit and can even argue that your idea would not have become realized had they not provided you the means to create shoes and designs that thus led you to your own ideas.
But there is hope. After 35 to 40 years, "termination rights" allow true authors to regain control of their works. Take for instance these musicians of the '60s and '70s. Their fight could really put a damper on record labels' incomes.
In short: copyright is a complex legal matter that gets even stickier when you work for someone. Instead of assuming you own your work outright, check out this detailed description of "Works Made For Hire Under the 1976 Copyright Act," refer to your actual employment contract, and consult an attorney when necessary.
--Chris
Photo taken from this photostream and used with permission of a Creative Commons license.
P.S. Speaking of copyright agreements, ever look at the Creative Commons link in every blog post? It shows we only select pictures for commercial use or modification, as permitted by their authors. Just another way in which copyright affects daily life in the professional world.
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