>> One, Work For Hire is not defined per se...
>Work for hire applies to employees (i think). Work for hire refers to the employees job description. Man hired as a cook. Helps the company write a cookbook (the cook was not hired to write a cookbook). The cook could make the case that participating in the creation of the cookbook was outside the work for hire agreement (he agreed to be hired as a cook) and claim royalties
>>
Terry Terry Terry Terry -
when you accept payment for your endeavors from anyone else, without a formal document in place - your endeavors are work for hire. It is up to YOU and the other party to identify your endeavors as NOT work for hire BEFORE you sit down and start coding / go on billable time . Default, as is, with no other paperwork - you have walked directly into work for hire.
>>With respect to I.C. vs. Employees, it is a substance over form argument. There are a few cases where what you would consider is an I.C. scenario, was decided to be an employer/employee scenario.
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who said this??? it is completely different in the state of texas [sorry john - someone munged the > signs]
>In the proposal or formal agreement, who owns what should be stated. If the developer is marketing new system (full cycle) development, any project may have potential to grow. Prevent confusion and state it in the proposal and agreements.
all of that is fine, but unless you have a signed document that represents the timetick when you started the endeavor along with the contractual thingies relating to that endeavor, you are p*ssing in the wind [be sure to be upwind this time, from me - ok?]
>>Law is ENTIRELY about interpretation.
>Or marketing the services to interpret it >
>>That said, possession can lead to ownership - under the right circumstnances.
this was a big leap - I'm sorry - the two of you will be on opposite sides of the fence and I have no intention in broaching the gap between you.
John is right, Terry is pedantic even though he seems to string sentences together in a quasi-meaningul fashion - let's let it ride like that for a while until Terry gets some sense dropped into his heid..
>Salvage law. I wonder what salvaging some circa 92 Quick Basic code would be worth?<g>
>>
>TT
UGH[Bill]