Re: Who owns the alma mater?

Subject: Re: Re: Who owns the alma mater?

Comments:
: : I am doing work for the advancement office for a small and young liberal arts college. Recently we held a contest to choose a new alma mater. The College solicited alumni and friends to compose and submit alma maters for consideration. : : In the College's request, they indicated that the winner would receive $500. We did not indicate in the original announcement that the submissions would become the property of the College and that the owners would relinquish any rights to those submissions. : : The College would now like to make modifications to the chosen song and the writers are indicating to hat "it is their song" and cannot be changed. : : My question is this: Who owns the song and does the College have rights to change the arrangement of the song and submit a copyright for the song? : : As a trademark paralegal, I understand a few of the issues related to this, but really don't know what to advise the College with regard to their rights as commissioners of the song. : : Any help you can give me on this matter is most appreciated! : : J Feikema : Without doing the research, my recollection of the law, it may be the Reed case handed down by the Supreme Court, is that any assignment of copyright rights MUST be in writing. Thus there appears to be an ambiguity as to the ownership of the alma mater. Even a work for hire, as I recollect without research, reverts to the author after 35 years. My understanding of what you say is that the author owns the copyright and any changes would by others would be an infrigement without permission. The court strongly and sympathetically enforce copyrights. This is very complex. Signed exchange of correspondence may be able to set up the status of the rights. I take no professional responsibility for these thoughts. : M. Arthur Auslander : ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm) : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any copyright or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.