How does a copyright owner prove ownership of a copyrighted work?
/// Filed in: Copyright Law
Owners of copyrighted work typically
demonstrate that they are the rightful owners of the copyrighted
work by introducing the copyright registration as evidence. As it
was mentioned in an earlier post, copyright registration within
five years of first publication creates a legal presumption of
ownership and validity. While copyright registration does not prove
ownership of copyright, this legal presumption of ownership and
validity constitutes a prima facie proof (on first appearance).
Consequently, in cases of infringement the court will presume that
the ownership of the copyright and the registration is valid and
will shift the burden of proof to the defendant to disprove by
showing with sufficient evidence the falsity or invalidity of the
allegation.
A third party may also bring a suit provided the owner of the copyrighted work has assigned (i.e. transferred) the rights to this party. In these cases, the party can introduce the transfer of copyright ownership written documentation as evidence to "prove" ownership.
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
[3] Copyright Act of 1976
A third party may also bring a suit provided the owner of the copyrighted work has assigned (i.e. transferred) the rights to this party. In these cases, the party can introduce the transfer of copyright ownership written documentation as evidence to "prove" ownership.
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
[3] Copyright Act of 1976
