Re: Letters from Government Officials

If the letter writer is a U.S. Senator, then is he/she a statutory government employee or excluded as an elected official?

The legislative history to 17 U.S.C. 105 (House Report No. 94-1476, reprinted in the U.S. Code Annotated) refers to "Government official or employee" and "Government employees" but also mentions that "work of the United States government" is "intended to be construed in the same way" as the "work made for hire" terminology used elsewhere in the statute. I question whether elected officials are deemed to be government employees with their publications being considered as equivalent to works made for hire.

Alan R. Kabat

>>>>>>>>>>>>

Thank you; that's what I thought. The official in question, I've now learned, is a U.S. Senator and, yes, writing in his official capacity.

--Dodi Schultz Received on Thu Jan 03 2002 - 14:36:30 GMT