Copyright infringement on a work that also has copyright infringement?

[LucioFulci]

Assuming that Lucio is in the US - which might be a big assumption - the registered copyright holder will be the presumed owner in an infringement action.

All information provided on a copyright registration application is presumed true and it will be on the defendant in an infringement suit to prove the information false.

And it is possible for there to be more than one copyright owner in a work, should for example the work be coauthored or should one or more of the exclusive rights in a work be transferred.

Here are links to copyright ownership:
http://uscode.house.gov/view.xhtml?path=/prelim@title17/chapter2&edition=prelim

https://fairuse.stanford.edu/law/us-code/u-s-copyright-act/copyright-ownership-and-transfer/

It would help if Lucio would tell us where in the world he is located as there can be significant differences in the law from country to country.

Thanks, quincy.

Hypothetically, this would take place in San Francisco, CA, United States. I work and live in another country, but I produced some material for the company "B", that is legally registered in San Francisco, CA.

The company "A" doesn't like the material we are producing (that’s online virtual content), and we are not making any copyright infringement, but they could probably try to start a legal procedure in an extreme situation just to threaten us. But, the ice on the cake, is that the material from “A” is actually from company “C”.

I worked on a project-based contract with a release upon completing, so, as far as I have consulted, the company “A” would need to:
1) Start the legal procedure upon “B”, since even I thought I produced the material, it belongs by contract to company “B”.
2) I should be a process started in CA, since there’s where the company “B” is registered.

If you have other question, please tell me.

And thanks a lot to everyone.

 

[quincy]

Thanks, quincy.

Hypothetically, this would take place in San Francisco, CA, United States. I work and live in another country, but I produced some material for the company "B", that is legally registered in San Francisco, CA.

The company "A" doesn't like the material we are producing (that’s online virtual content), and we are not making any copyright infringement, but they could probably try to start a legal procedure in an extreme situation just to threaten us. But, the ice on the cake, is that the material from “A” is actually from company “C”.

I worked on a project-based contract with a release upon completing, so, as far as I have consulted, the company “A” would need to:
1) Start the legal procedure upon “B”, since even I thought I produced the material, it belongs by contract to company “B”.
2) I should be a process started in CA, since there’s where the company “B” is registered.

If you have other question, please tell me.

And thanks a lot to everyone.

The country name matters as that is where you, as producer of the material, will be sued for copyright infringement if the original copyright holder finds your work infringing on his rights.

I recommend you have what you are producing for company B personally reviewed by a lawyer in your area before you are sued by both the copyright holder and company B.

Good luck.