So last week I got a few emails from the Library of Congress’ Copyright Office. (They are very nice is helping you sort things out if you check the wrong box or something looks weird on their end.)
If you recall from the call with the Copyright Office (if you don’t, click here to get your free replay) I talked with them about WHO should be the claimant – myself personally as the artist or my business, since I am incorporated. (I’m not 100% sure if the rules are the same for an LLC but I expect they would be.) He said that if the art was created and necessary for the business to do business, the business should be the claimant and own the copyright.
In a recent filing, I put myself as the author and my business as the claimant and I checked off that there was a transfer statement. I thought that was the correct way to do it – apparently not.
Here is what they told me:
If an employee of the company made the work then the company should be the author and copyright claimant with no transfer statement.
So I guess as Tara Reed, an employee of Tara Reed Designs, Inc, I’m doing ‘work for hire’ so there doesn’t need to be a transfer statement.
Thought I’d pass on the info in case anyone else has been confused about that part of the registration process!
Here’s to your creative – and protected – success!
– Tara Reed
One additional piece of information on this front.
When the company is the author and claimant then the copyright term for the work is the shorter of 95 years from first publication or 120 years from creation.
When you individually are the author and claimant then the copyright term for the work is your life plus 70 years.
Sometimes this information is important when determining the best way to register.
Thanks Kiffanie!
Nice info thanks…. though I wonder if it changes for me since I am not incorporated but I am a sole prop who goes by fictitious business name? As my business and I are not separate entries in the eyes of IRS does that mean the same for copyright law? or is that where a statement of transfer comes in? technically I am not my businesses employee. At least not in terms of taxes.
Hannah – I’m not sure… you might want to listen to the free call I did with someone from the Copyright Office (http://askaboutartlicensing.com/ask-copyright-office/)
Where was this info last year?? LOL I completed the form paid the fee, then I couldn’t upload any images and had to send via Snail Mail with copies of the proof of pay accepted. What a nightmare. With relief I received the Certificate 12 months later! Its amusing now but was so frustrating then. Thanks Tara for always finding the great information.
Peace, Karen Beers