Chapter 3Products of the Mind
Section § 980
California law gives authors exclusive ownership over their work if it hasn't been permanently recorded, unless someone else independently creates a similar work. For sound recordings made before February 15, 1972, the original creators have ownership rights until 2047, as long as others aren't reproducing the exact sounds. Inventors also have exclusive rights to their inventions and designs as long as they maintain possession.
Section § 981
This law talks about who owns creative works and inventions when multiple people are involved. If people create something together that isn't recorded in some form (like a song not yet written down), they all own it equally unless they agree otherwise. For inventions or designs, if it's a single invention, everyone involved owns it equally. But if there are multiple inventions, ownership is based on how much each person contributed.
Section § 982
This law explains how the ownership of creative works, inventions, or designs can be transferred to another person. When it comes to fine art, an artist or their heirs can sell or give away the artwork, but they keep the right to reproduce it unless they explicitly transfer that right in writing. If the artwork is created as part of a job, the employer gets the right to reproduce it unless stated otherwise. Similarly, if the artwork is inherited, the right to reproduce it goes to the heir unless reserved in a will. The law defines 'fine art' broadly and reserves reproduction rights unless explicitly transferred. The law respects the concept of fair use, allowing the reproduction of art for educational purposes or similar contexts.
Section § 983
If you own an invention or design and you choose to share it publicly, other people are allowed to make copies or reproduce it without having to pay you or get your permission, according to the state law.
Section § 984
If you come up with an invention or design and keep it a secret, someone else who independently creates the same thing later on can claim the same legal rights to it as you, except against you or your associates.
Section § 985
This law says that when you receive a letter or a private written message, it belongs to you. However, you can't make its contents public if the person who wrote it doesn't want you to, unless there's a legal reason that allows it.
Section § 986
If you sell a piece of fine art in California, you need to pay the artist 5% of the sale price, unless a written contract specifies a higher royalty. This fee can be passed to someone else, but not waived unless it's more than 5%. If a gallery or auction sells the art, they must also pay the artist. If they can’t find the artist within 90 days, the 5% goes to the Arts Council. Artists can sue for unpaid royalties within three years of the sale, or one year after they discover the lack of payment. Money the Council receives has a deadline of seven years to be claimed by the artist, or it goes to public art programs. The section clarifies that certain sales don't require this payment, like sales under $1,000 or sales of purchased art cheaper than the purchase price. After an artist's death, rights last 20 years for their heirs. This applies to art resold on or after 1977, regardless of when the art was made.
Section § 987
This law aims to protect artists' rights in their original fine art creations against unauthorized changes or destruction. It says artists hold the right to claim or disclaim authorship of their work and can seek legal action if someone harms their art without permission. Only the artist or their heirs have rights over the art until 50 years after the artist's death. If fine art is part of a building, different rules apply depending on whether the art can be removed without damage. The law has specific guidelines for what counts as negligence and outlines potential damages in court, like injunctive relief or punitive damages given to arts-focused charities. This law applies to actions from 1980 onwards and includes a timeline for when cases can be filed. Even if part of the law is invalidated, the rest will still stand.
Section § 988
This law is about the rights artists or owners have over their artwork, even if they share some rights to use it. If an artist or owner lets someone else use their work in certain ways, like making copies or showing it to the public, they still own the actual artwork unless they clearly sign away that ownership. If there's any confusion about what rights were given, the law assumes the artist or owner keeps the rights unless a federal copyright law says otherwise.
Section § 989
This law is about protecting important artworks, such as original paintings and sculptures. If an artwork can't be removed from a property without ruining it, legal actions to preserve it can still take place if there's a reasonable chance it can be safely removed. Organizations interested in protecting artworks can step in, especially if a property owner plans to damage the artwork. If an organization decides to remove the artwork, they have to pay for it and they then own it. Legal actions must start within three years of the act or one year after it's discovered. The law also allows for court fees and expert witness costs to be awarded to the winning party. It has been in effect since January 1, 1983, and doesn't affect valid sections if one part is deemed invalid.