Expert: Rene Hasekamp - 11/18/2010

Question
I was wondering nocices such as Obituary, In Memory of, and Baby Birth etc., published in newspaper are copyright protected? Assuming they are, who owns the right ? Would it be the newspaper or the perosn(s) paid for the posting of the notices?  

Answer
Hello,

Please note: I am a  patent expert, only sideways familiar with copyright. However, I am quite certain that what follows is correct, with the knowledge I have of copyright:

In principle copyright exists only for a "work of art", but you should not take that term too restricted.

If you mean by "obituary" an article in a newspaper in remembrance of somebody, I would certainly say it is under copyright of the author. Not of the newspaper. Only a 'creator' can claim copyright.

(But an author can sell his copyright partly to a publisher).

If you mean an "advertisement" by relatives, announcing the death of somebody, the "usual text" will not be under copyright, but if the announcement contains some special parts like a poem, that part will be under copyright of the person who wrote that part (NOT the person(s) who paid for the announcement).
If the announcement contains a photograph, that will also be under copyright of the person who made the picture.
Also in the case of such an "advertisement" the newspaper can not claim any copyright.

Hope this answers your question.

Rene Hasekamp.