Hi, If you outsource a designer to create a logo, content or template for you (through their company web site or freelancers found in forums) how do you go about getting copyright transfer?
In the US you need the designer to sign a contract that explicitly states that the work is being made for hire - that way the employer (you) will hold the copyright. You can read more here: http://www.copyright.gov/circs/circ09.pdf http://www.copylaw.com/new_articles/wfh.html http://en.wikipedia.org/wiki/Work_for_hire#Law_of_the_United_States A snip from Wikipedia: Read the link above to copyright.gov for the ACTUAL text of the law. If your project doesn't qualify as a work for hire, you will need the freelancer to assign the copyright rights to you. If you Google for assign copyright, a bunch of links will come up discussing it, including some sample contracts, I believe.
YES to reiterate copyright law as it pertains to works made for hire... the "COMMISSIONER OF THE WORK" is the author and has the only rightful claim to copyright UNLESS specified in writing. It is assumed that outsource work is bound by some agreement and in many cases that agreement is a verbal one... and it is also assumed that the outsource would commission the work on their own - as such they have no right to claim copyright. Here's why... in the case of an infringement claim that must go to court to protect copyright... who pays for legal expenses to protect the copyright? The obvious answer is the copyright holder... and as noted in the reference: http://www.copyright.gov/circs/circ09.pdf Who Is the Author of a Work Made for Hire? If a work is a work made for hire, the employer or other person for whom the work was prepared is the author and should be named as the author in Space 2 of the application for copyright registration. The box marked “work-made-for-hire†should be checked “yes.†Who Is the Owner of the Copyright in a Work Made for Hire? If a work is a work made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless there has been a written agreement to the contrary signed by both parties. So the the opening poster... you already have the claim to copyright unless you signed something that says you don't. You still must register to protect your claim though. Much like having the only winning numbers to the lottery... if you never register your claim for the prize the ticket is worthless.