Re: copyright and movie props

On 3/23/2000, Tyler Ochoa <tochoa[_at_]law.whittier.edu> wrote:
>
> Your analysis assumes that the prop was created in 1978 or after
> (prior to the 1976 Act, the work-for-hire doctrine was treated very
> differently), and that the designer is not an employee of the studio.
> If the designer is an employee, the studio owns the prop design.

You are correct, the prop was created after 1978 and the designer was not an employee of the movie studio.

> If the designer is not an employee, then I would agree that the prop
> is "specially commissioned," and there would have to be a written
> agreement to make it a work-for-hire. In the absence of a written
> agreement, the designer would own the copyright.

As far I as I know, there is no written agreement, but we are researching that as we speak.

Rob Jones
Thanks,

Rob Jones

robjob[_at_]robjones.com
robjones[_at_]robjob.com Received on Sat Mar 25 2000 - 20:19:05 GMT