Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello, I will be assisting you
How old is the minor?
The issue is not claiming copyright under state law rather the minor's ability to use the copyright in business dealings.
As you correctly pointed out under Copyright law minors can own copyrights. However, the question under state law is whether a minor can be involved in business dealings in connection to the copyright.
In New York the Age of Majority is 18 (Dom. Rel. §2). A minor may disaffirm most contracts (with certain exceptions). This means that a minor may enter into a contract and may choose to abide by the contract if the minor wants to but if the minor wants to disaffirm the contract he/she can.
Therefore, a minor can hold a copyright. A minor may enter into a contract involving the copyright (although most parties who contract with a minor want to do it through a guardian to make it binding so that the minor cannot back out)
That's the answer!
Thank you for allowing me to assist you
In your opinion or from your experience would you recommend a parent or guardian claim copyright or is it just as substantial for the minor to hold the copyright and be represented by a parent or gurdian?
a minor can hold a copyright. It is not question of what is more valid.
In essence, I want my children to have as much control and ownership over their creative works as possible but do not want to hinder their ability to enter into contract. It seems what you are saying is that the minor holding the copyright would work in this case as long as it's done through a guardian until they are of legal age - Yes?
exactly! The minor holds the copyrights and the guardian represents the child in business dealings
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