Ashlee Difuntorum recently published an article entitled “Copyright Ownership and Licensing in Film and Television: What Happens When the Deal Isn’t Papered” in The Licensing Journal. This piece addresses the implications entertainment production companies could face if copyright ownership is not properly allocated within work-for-hire agreements.
“When properly memorialized in writing, a work made for hire deems the commissioning party the author from the outset. Absent a valid work-for-hire arrangement or an assignment of rights, the production company owns only those rights the creator grants, whether expressly or implicitly, which may be far more limited than the company assumes,” Ashlee writes.
Ashlee addresses four key points: (1) the general rules governing copyright ownership and licensing in the entertainment context; (2) the potential damages the production company might owe the creative professional; (3) key cases in which courts have analyzed these issues and the outcomes they produced; and (4) practical guidance for licensing practitioners working to ensure that copyright clearance is properly addressed before a project is released.
Ashlee continues to explain that when a project is released without a signed work-for-hire agreement, the independent contractor could bring multiple claims simultaneously when seeking recovery for damages. These can include breach of implied contract, copyright infringement, fraud, and employment misclassification. She helps readers understand that while copyright ownership is tied to the original creator of a piece, the absence of a written deal could expose production companies to these potential damages.
Ashlee concludes the article with an effective message: “Negotiate and execute work-for-hire agreements before work begins (or at minimum, before the project is released).”
