Auditing your copyright-protected works

Physical possession of copyright-protected works does not necessarily mean ownership of copyright. Determine whether you own the copyright-protected works in your inventory. Generally, the author of the work is the first owner of copyright in the work. However, there are a number of considerations, such as the following:

* Generally, if a work was created in the course of employment, ownership of copyright resides with the employer.

* Some countries have special rules for specific works. For example, in Canada a photograph, engraving, or portrait that is commissioned belongs to the commissioner as long as valuable consideration was paid.

* Pre-existing works: Do you own the work but not any copyright in it? Did you acquire a transfer of ownership when you physically acquired the work, or do you merely have a license (i.e., permission) to use the work in limited circumstances? For example, off-the-shelf computer software is not usually purchased out-right; it is merely licensed. The same is often true of videos and musical recordings, for which public use requires permission. Licensed databases also fall into this category.

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* Who owns the moral rights in these works, or have these rights been waived? These rights protect the integrity of the work's author. Even if you own the copyright, you may not own the moral rights and may not be able to adapt the work or use it without including the author's name. In the United States, moral rights apply only to works of fine art; in Canada and elsewhere, moral rights apply to all copyright-protected works.

* Does the license or assignment of rights place restrictions on the use of these works? Did you sign an agreement when you acquired the work that puts limits on how you may use it?

What to Do With Your Copyright-Protected Works

Once you determine whether you own copyright-protected works or have the right to exploit them, the next step is to determine which of these works have been licensed or assigned to others. Generally, this is a way to make money from your works or to let others use them free in exchange for a credit and promotion of your organization.

For each work in your audit, consider the following questions:

* Has the work been previously exploited?

* If so, what was the value of the work?

* What were the terms and conditions of the exploitation?

Brainstorm possibilities for exploiting the work by licensing or assigning it to others. Speak to your marketing people to see if they have any ideas. Ask those who generally provide permissions for use outside your organization if they have suggestions for additional ways to allow others to use your works. Think creatively. Are others interested in using your images on their corporate documents or in periodicals or newsletters? Are your PowerPoint presentations valuable to others? Do you have a database that someone else could use for research or commercial purposes? Digital media and the Internet have opened up a whole new world of need for a large variety of content. What content or copyright-protected works do you have that can help fill this need?