Vancouver, WA asked in Copyright and Intellectual Property for Washington

Q: How do you note the copyright for a video where the script is owned by the author and the vid is owned by the publisher?

I teach technical classes for my business and a handful of training companies. I write the scripts and there is an agreement that I own the copyright for the text. However, the videos I film and one of these companies edits have a copyright notice that only mentions the publishing company. This seems misleading to me. Although the final video is only for their use, it feels like we should either jointly own the copyright or that there should be a differentiation between the script/text and the video rights.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, if you have an agreement stipulating you own the copyright for the script, then your rights to the text should be protected. However, the final video product is a separate work, and if the publishing company holds the copyright for that, it may be within their rights to place their copyright notice on it. To reflect the dual ownership accurately, a differentiated copyright notice could be used, indicating your ownership of the script and the company's ownership of the video production.

For example, the notice might read: "Script © [Year] [Your Name]; Video Production © [Year] [Company Name]." It's essential to discuss this with the publishing company and possibly renegotiate or clarify the terms of your agreement. The clarity in the copyright notice will protect both parties and reduce potential misunderstandings. Addressing this now can prevent potential legal complications in the future. Always consult with an attorney familiar with intellectual property law to navigate specific situations.

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