Re: Re: MS Access Copyright

Part of the problem is determining whether A is an employee or not. It's not as simple as saying, "if A is not an employee," because it doesn't matter what the parties designate themselves, the law will determine whether one is an employee or independent contractor. So, you can have A and B say that they are independent contractors, but if the facts are as you give them, i.e., on B's premises, using B's equipment, A may be an employee - B would own the property.

You have to completely answer the question of employment/independent contractor status before you can answer the ownership issue.

Brock

On 8/13/03 10:30 PM, "Kevin Grierson" <kgrierson[_at_]wilsav.com> wrote:

> If company A is not an employee of company B, and there is no written
> agreement between the parties, company A owns the copyright. Look at the
> definitions of "work made for hire" under the copyright act.
>
> kwg
>
> <<< Carminep[_at_]ceigroup.com 8/12 10:45p >>>
> Hello,
>
>
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> I am new to this forum. Thanks for having me.
>
>
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> I've tried to find an answer to my dilemma, but have not been able to
> receive anything definitive.
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>
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> My question is this:
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> If Company 'A' creates a Software Application, in MS Access, for Company
> 'B' at the request of Company B, and on Company B's premises, using
> Company B's equipment, Does the Copyright belong to Company A or to
> Company B?
>
>
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> There is no written agreement, e.g. - Work-for-Hire. There was a verbal
> agreement between Company A and Company B (CEO, an Administrator and
> Tech Consultant)
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> Please let me know your reasoning as well.
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> Thanks very much in advance.
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> Carmine Poliandro
Received on Fri Aug 15 2003 - 09:55:54 GMT