This is a brief summary of copyright rules relevant to the ownership of
drawings, writings and other material that is developed during the process
of creating a design, a sketch, a piece of writing, or basically any
creative work. The wording is from Circular #1 published by the US Copyright
Office, and is current to the best of my knowledge.
Copyright is a form of protection provided by the laws of
the United States (Title 17, CFR) and internationally by agreement with
member nations to the Universal Copyright Convention and the Berne
Convention for the Protection of Literary and Artistic Works. Copyright is a
personal property right, and is subject to the various laws regarding
ownership and transfer of personal property.
Copyright law protects works both published and unpublished, including
graphics and drawings, digital or otherwise. Copyright protection exists
from the moment a work is created in fixed form. It is coincident with the
process of authorship. The copyright to any created work immediately becomes
the property of the author at the moment of authorship.
A copyright need not be formally applied for, nor formally granted:
It is automatic.
Proof of copyright ownership is enhanced by registering the copyright,
but copyright ownership is not created by registration. Copyright
protection is also enhanced by giving "notice of copyright" on the work
itself.
Notice of copyright consists of:
1. The word "Copyright" or the symbol ©, followed by
2. The date
of creation, and
3. The author's name.
Only the author of a work can rightfully claim copyright. Among other
kinds of work, copyright protects literary, pictorial, graphic, and
architectural works.
Transfers of copyright ownership are made by contract. A work especially
commissioned, such as a piece of writing, or design, or book, or graphic is
the copyrighted property of the author. The parties may of course expressly
agree in a written instrument signed by them that the copyright is to be
transferred to a party other than the author. However, without such a
contract, a commissioned work belongs entirely to the author.
Copyright endures for the author's life, plus 50 years. In the
case of works "made for hire," where ownership is transferred by contract to
a party other than the author, copyright endures for 100 years from
creation, or for 75 years from the date of publishing, whichever is shorter.
