Who is the default first owner of a copyright?

Who is the default first owner of a copyright?

• A. The person who performed the work
• B. The party who provided the studio
• C. The employer who commissioned the work
• D. The creator / author

Answer: (D)

The creator is the default first owner because copyright protection attaches to the author of an original work at the moment of fixation. In ordinary cases, the person who writes the song, lyrics, or other work owns the copyright in that work unless there’s a contract that transfers ownership or a specific exception applies. In music, this means the songwriter or composer typically holds the copyright in the musical work. The performer’s performance or the studio’s involvement doesn’t automatically grant ownership of the underlying work. The employer or commissioning party only becomes the author in a narrow, defined scenario called a work-for-hire, where the work is created by an employee within the scope of employment or a specially ordered work that meets certain criteria and there’s a written agreement stating it’s for hire. Absent such an arrangement, the creator remains the copyright owner (and with multiple creators, ownership is shared).

The creator is the default first owner because copyright protection attaches to the author of an original work at the moment of fixation. In ordinary cases, the person who writes the song, lyrics, or other work owns the copyright in that work unless there’s a contract that transfers ownership or a specific exception applies.

In music, this means the songwriter or composer typically holds the copyright in the musical work. The performer’s performance or the studio’s involvement doesn’t automatically grant ownership of the underlying work. The employer or commissioning party only becomes the author in a narrow, defined scenario called a work-for-hire, where the work is created by an employee within the scope of employment or a specially ordered work that meets certain criteria and there’s a written agreement stating it’s for hire. Absent such an arrangement, the creator remains the copyright owner (and with multiple creators, ownership is shared).