Who Can Register

Generally, only the author of an original work or someone who has obtained rights through the author can rightfully claim copyright. If created during the scope of employment, the work is then considered a "work made for hire" and the employer - not the employee is considered the author.

The creators of joint works are equal co-owners of the copyright unless they have agreed to the contrary. Minors can file a copyright application; however state laws would regulate their business dealings.

The following persons are legally entitled to submit a copyright application:

• The Author. This is either the person who actually created the work or, if the work was "made for hire", the employer or whomever the work was prepared for.
• The Copyright Claimant. This is either the author of the work or a person or organization that has obtained ownership rights from the author either by written contract, assignment, will or other transfer of all rights by the author.
• The Owner of Exclusive Rights. Any of the exclusive rights that make up a copyright can be transferred and separately owned. An owner of any of these individual exclusive rights may apply for registration of his or her claim in the work.
• The Authorized Agent. Any person or organization duly authorized to act on behalf of the author, other copyright claimant, or owner of exclusive rights may apply for copyright registration.

Joint Works

The creators of joint works (songs written by a band) are equal co-owners of the copyright unless they have agreed to the contrary. Whoever contributed to the composition of the work has an equal claim to the entire copyright as a joint author. The copyright is not divided up according to who did what. Each joint author owns the copyright and each author has rights to use or license the work as long they split any money earned. One joint author cannot prevent another from using the copyrighted work.

For example, if you collaborate with someone on a song - one writes the lyrics and the other composes the music - both of you are considered contributors to a "joint work" if your intention was to combine the elements into a single work - the completed song. Each contributor would have an undivided ownership interest in the entire copyright and would have the right to perform, reproduce or license the work (or any art of it) without the others' consent, provided each copyright owner is paid a share of any revenue. However, a collaborator to a join work cannot license the "exclusive rights" to the work without the written consent of the others.

Generally, when one writes the music and someone else does the lyrics - there's a 50/50 split of copyright ownership, unless there is a written agreement to the contrary.

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