Divorce Attorneys, Copyright Infringement Claims

Husbands and wives each acquire a vested interest in property acquired during the marriage, including any material subject to copyright laws. In particular, a work in progress creates several legal issues which are properly addressed in a final decree from a family law court. Divorce attorneys typically negotiate terms of the final decree in settled cases, and alternatively, each offer proposed orders to judges if the matter reaches a trial verdict.

How divorce attorneys resolve copyright infringement claims

A work in progress has seldom been published or filed with the Library of Congress. Either of these two events will invoke copyright protection to some degree. Absent copyright protection, the portion of a work created during the marriage is subject to community property claims, while the portion of the work created after the termination of a marriage is the sole property of the creator. Most often this issue is resolved by agreement, on a percentage basis, which is acknowledged in the final decree. Values of percentages may not reflect a pro ratta portion, because the author may also chose to abandon projects (rendering value worthless). Because of the potential for abandonment, a cash buy-out eliminates risk for the passive spouse.