ARTICLE · 10 FEBRUARY 2015

Copyright Protection

Goldman Sloan Nash & Haber LLP

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In order to ensure that brand advertising can be protected the brand owner should own the copyright in the advertising material that is prepared at its request.

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Below is an excerpt from John McKeown's February 2015 Mailer where he discusses protecting brand advertising.

Copyright Protection

In order to ensure that brand advertising can be protected the brand owner should own the copyright in the advertising material that is prepared at its request. Where the author of the work was in the employment of the brand owner under a contract of service or apprenticeship and the work was made in the course of employment by that person, the brand owner will be the copyright owner in the absence of the agreement to the contrary. In addition, since the author of the work will be entitled to moral rights a waiver of moral rights should be obtained by the brand owner.

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