Page 70 - Akerman | 2016 Guide to Doing Business in Florida

(d) Copyright Registration Application Process. In order to obtain registration of
copyright, an application for registration must be filed with the U.S. Copyright
Office. The application must be made on the specific form prescribed by the
Register of Copyrights and must include the name and address of the
copyright claimant, the name and nationality of the author, the title of the work,
the year in which creation of the work was completed, and the date and
location of the first publication. In the case of a work made for hire, a
statement to that effect must be included. If the copyright claimant is not the
author, a brief statement regarding how the claimant obtained ownership of
the copyright must be included. An application must be accompanied by the
requisite fee, and a copy of the work must be submitted.

(e) Copyright Notice. Until 1989, all publicly distributed copies of works
protected by copyright and published by the authority of the copyright owner
were required to bear a notice of copyright. A copyright notice is no longer
mandatory, but a copyright notice is still advantageous. For example, the
defense of “innocent infringement” is generally unavailable to an alleged
infringer if a copyright notice is used.

If a copyright notice is used, the notice should be located in such a manner
and location to sufficiently demonstrate the copyright claim. The notice
should consist of three elements. First should be the symbol of an encircled
“C,” or the word “copyright,” or the abbreviation “copr.” Second should be
the year of first publication. Third should be the name of the copyright owner.

(f) Works Made for Hire. In a “work made for hire” the employer is presumed to
be the author. Authorship is significant because a copyright initially vests in
the author. The parties can rebut the presumption of employer authorship by
an express written agreement to the contrary. The term “work made for hire”
applies to any work created by an employee in the course and scope of
employment or a particular work listed at 17 U.S.C. § 101. On occasion
there is dispute as to whether a work created by an employee arose from the
employment. To avoid this issue, employers often require execution of a
formal employment agreement under which the employee expressly agrees
that all copyright rights will belong to the employer. A similar agreement is
also advisable in connection with the engagement of an independent
contractor to perform copyrightable services for a business, but the employer
should be aware that only certain types of works may be considered a “work
made for hire” when created by an independent contractor. If the particular
matter cannot be a “work made for hire,” the employer should negotiate an
agreement for the assignment of the copyright by the independent contractor.

(g) Copyright Protection for Foreign Authors. Copyright protection is available
under U.S. law for foreign authors until the copyrightable work is published. If
the work has been published, the availability of continued U.S. copyright
protection is dependent upon the location of the publication and the
nationality or domicile of the author. Copyright protection continues in the
U.S. subsequent to publication if publication by the foreign author occurs in
the U.S., or occurs in a country that is a party to the Universal Copyright
Convention or to the Berne Convention, or occurs in a country named in a
Presidential copyright proclamation. If the work is first published by a foreign

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