Protecting Intellectual Property Rights in a Work-Made-for-Hire Economy: Important considerations for artists, creative freelancers, employees and employers.

Protecting Intellectual Property Rights in a Work-Made-for-Hire Economy: Important considerations for artists, creative freelancers, employees and employers.

With James Marion, Esq.

Copyright Law protects a work from the time it is created in a fixed form. From the moment it is set in print, a sound recording, a software program or any other concrete medium, the copyright becomes the property of the author who created it. BUT, there is an exception to this rule! The “work-made-for-hire” doctrine. When you create work-made-for-hire, your employer is considered the author, and therefore the owner of that intellectual property, despite the fact that you are the one doing the creating. This rule applies for full-time employees, as well as for creators commissioned specifically to contribute to certain projects. On the flipside of the coin, employers wishing to hire freelancers for a creative project must enter into written work-for-hire agreements to obtain rights to the works they are paying for.

This workshop will provide a guideline for identifying situations where creators are considered “employees” or “independent contractors” under the work-made-for-hire doctrine. It will also address practical and contractual solutions to the work-made-for-hire rule, and highlight important aspects of the written agreements associated with these employer/employee scenarios in specific creative industries.

• Intellectual Property Overview:Common Work-for-Hire Contracting Scenarios involving TM, Copyright and Patent and the author’s/employer’s basic rights


• Defining the Work-for-Hire Scenario: Reviewing scope of employment and the nine subcategories of commissioned work


• Examining case examples of the above, and identifying the need for transfer or assignment of rights agreements: troubleshooting common pitfalls


• Contract Details: Language to include and to look out for in work-made-for-hire agreements


• Industry Applications

Presenter:  James Marion, Esq.  is a California attorney specializing in intellectual property and business law in the cannabis and entertainment spaces, along with several other industries.  He is the founder and principal attorney at Law Offices of James P. Marion, Esq. (www.marionesq.com).  James brings over a decade of entertainment business experience to his boutique practice, with valuable insight gained by working extensively with individual entrepreneurs and creative talent, as well as established industry players. 

Directly opposite the Downtown Berkeley BART Station

Downtown Berkeley Parking Map

WORKSHOP PRICING:

• General Admission: $20 Online (+ Processing Fees).


• CLA Members: $10 Online (+ Processing Fees). Requires Member Access Code.


• CLA Senior Members $5 Online (+ Processing Fees). Requires Member Access Code.


• CLA Student Members $5 Online (+ Processing Fees). Requires Member Access Code.


• [$10 Extra At-the-Door]