Dear pcventures,
You need do nothing to establish a copyright on the design renderings,
since copyright adheres automatically to the author.
"The way in which copyright protection is secured is frequently
misunderstood. No publication or registration or other action in the
Copyright Office is required to secure copyright."
U.S. Copyright Office: Copyright Basics: How To Secure a Copyright
http://www.copyright.gov/circs/circ1.html#hsc
In this case, although the renderings were made by an art student, she
did so under commission to you. You are therefore considered the
author of the renderings.
"Copyright protection subsists from the time the work is created in
fixed form. The copyright in the work of authorship immediately
becomes the property of the author who created the work. Only the
author or those deriving their rights through the author can
rightfully claim copyright.
"In the case of works made for hire, the employer and not the employee
is considered to be the author. Section 101 of the copyright law
defines a "work made for hire" as:
"(1) a work prepared by an employee within the scope of his or her employment; or
"(2) a work specially ordered or commissioned [...]"
U.S. Copyright Office: Copyright Basics: Who Can Claim Copyright
http://www.copyright.gov/circs/circ1.html#wccc
Bear in mind, however, that a copyright protects only the renderings
and not the ideas they represent. To protect an idea, you would need
to take out a patent, which is a long and expensive process. The
copyright process, a much simpler and cheaper one, protects the
renderings against unauthorized reproduction or distribution by
another.
"Copyright protects 'original works of authorship' that are fixed in a
tangible form of expression. The fixation need not be directly
perceptible so long as it may be communicated with the aid of a
machine or device. Copyrightable works include the following
categories: [...]
"5. pictorial, graphic, and sculptural works"
U.S. Copyright Office: Copyright Basics: What Works Are Protected?
http://www.copyright.gov/circs/circ1.html#wwp
"Several categories of material are generally not eligible for federal
copyright protection. These include among others: [...]
"Ideas, procedures, methods, systems, processes, concepts, principles,
discoveries, or devices, as distinguished from a description,
explanation, or illustration"
U.S. Copyright Office: Copyright Basics: What Is Not Protected By Copyright?
http://www.copyright.gov/circs/circ1.html#wnp
Owning a copyright and proving that you own it in the event of
litigation are two different matters, of course. To secure a solid
footing in court, should it come to that, you can act now by
registering your copyright. This requires that you send $30 and two
copies of the work to the Library of Congress.
"Even though registration is not a requirement for protection, the
copyright law provides several inducements or advantages to encourage
copyright owners to make registration. Among these advantages are the
following:
"Registration establishes a public record of the copyright claim.
"Before an infringement suit may be filed in court, registration is
necessary for works of U.S. origin.
"If made before or within 5 years of publication, registration will
establish prima facie evidence in court of the validity of the
copyright and of the facts stated in the certificate."
U.S. Copyright Office: Copyright Basics: Copyright Registration
http://www.copyright.gov/circs/circ1.html#cr
"To register a work, send the following three elements in the same
envelope or package to:
" Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
"1. A properly completed application form.
"2. A nonrefundable filing fee of $30 for each application.
"NOTE: Copyright Office fees are subject to change. For current fees,
please check the Copyright Office Website at www.copyright.gov, write
the Copyright Office, or call (202) 707-3000.
"3. A nonreturnable deposit of the work being registered. The deposit
requirements vary in particular situations. The general requirements
follow. Also note the information under 'Special Deposit
Requirements.'
"* If the work was first published in the United States on or after
January 1, 1978, two complete copies or phonorecords of the best
edition."
U.S. Copyright Office: Copyright Basics: Registration Procedures
http://www.copyright.gov/circs/circ1.html#rp
And there you have it. Should you feel that any part of my answer is
unclear or inaccurate, please inform me through a Clarification
Request so that I have a chance to meet your needs before you assign a
rating.
Regards,
leapinglizard |
