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De
01/07/2002 12:06:01
 
 
À
01/07/2002 11:01:48
Information générale
Forum:
Visual FoxPro
Catégorie:
Contrats & ententes
Divers
Thread ID:
00673693
Message ID:
00673938
Vues:
23
You may find this interesting then:

What is a work made for hire?
Although the general rule is that the person who creates the work is its author, there is an exception to that principle; the exception is a work made for hire, which is a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned in certain specified circumstances. When a work qualifies as a work made for hire, the employer or commissioning party is considered to be the author. See Circular 9.

from

http://www.copyright.gov/faq.html#q35

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work made for hire" as:

(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as:
a contribution to a collective work
a part of a motion picture or other audiovisual work
a translation
a supplementary work
a compilation
an instructional text
a test
answer material for a test
a sound recording
an atlas
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire....

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.




Tracy

>>It's my understanding that the words "work for hire" totally change the meaning of any contract, and therefore, copyrights end up with the company that "hired" the consultant. However, if you don't have a contract .. or the contract doesn't say "work for hire" and doesn't say specifically who gets the copyright .. the copyright defaults to the author. But then again .. I'm not a lawyer <g>.
>>
>
>If that's the case, there is a problem with my contracts, which have been reviewed by my attorney.
.·*´¨)
.·`TCH
(..·*

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