Copyright
As a tech company, your code, content, and creative works are core business assets. Understanding copyright ensures you own what you create and respect others' rights.
Key takeaways
- →Ensure work-for-hire agreements with contractors
- →Document code ownership and licensing clearly
- →Register key works for enhanced legal protection
- →Respect open source licenses in your stack
Ownership starts with creation
Copyright protection arises automatically when original work is fixed in tangible form—no registration required for protection. However, you need clear agreements about who owns what. Without a work-for-hire agreement, independent contractors may own copyright in code they write for you.
Work-for-hire fundamentals
For employees, work created within the scope of employment is automatically owned by the employer. For contractors, you need an explicit written agreement assigning copyright. Use clear language: 'Contractor hereby assigns to Company all right, title, and interest in any work product created under this Agreement.'
Open source compliance matters
Your software likely includes open source components. Different licenses have different obligations: MIT and Apache are permissive; GPL requires sharing modifications. Maintain a software bill of materials (SBOM) and ensure your use complies with each license's terms.
Registration unlocks remedies
While optional, copyright registration before infringement (or within 3 months of publication) enables statutory damages and attorney's fees in litigation. For key works—your core product code, marketing materials, proprietary content—registration is worth the modest cost.
Got questions?
Every business is different. Let's discuss how these principles apply to your specific situation.