Intellectual Property Law
Ask an Intellectual Property Lawyer. Get an Answer ASAP.
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).