RE: Re: Predating - Can I get caught?

From: Paula Holm Jensen <paula[_at_]holmjensenlaw.com>
Date: Fri, 19 Dec 2003 11:10:40 -0500

I believe that different circuit courts have reached different decisions as to whether such an agreement must be signed at the beginning of the work or whether it can be signed later so long as it was the parties' intention all along that the work be a work for hire.

To be safe, you should include language that says it is a work for hire but, if it is later determined not to qualify as a work for hire, the authors assign all rights to you (again, effective as of the start date).

If you made it clear at the beginning that this was the outcome you intended, you shouldn't have too much trouble getting them to sign. If you're trying to get away with something (as your question seems to indicate), then you may have trouble.

If this work is very important to you, talk to a copyright lawyer in your jurisdiction.

Paula Holm Jensen
Holm Jensen Law LLC
503-490-0265
paula[_at_]holmjensenlaw.com

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Brock Shinen, Esq. Sent: Thursday, December 18, 2003 11:45 AM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Predating - Can I get caught?

You can always agree that the "effective date" of an agreement is some time before the agreement was signed. It's a part of your agreement.

Brock Shinen, Esq

• Original Message ----- From: "John Victor" <jvictor9999[_at_]yahoo.com> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org> Sent: Thursday, December 18, 2003 8:10 AM Subject: [CNI-(C)] Predating - Can I get caught?

> Hello,
>
> I am planning on having programmers, designers, and
> such sign a "Work Made For Hire" agreement, which
> includes text for transfer of all rights to me.
> Unfortunately, the work was started 2 years ago.
>
> I am planning on simply putting a date of 2 years
> ago on the agreement. Can I get caught? Carbon
> dating?
>
> Regards,
> Victor
>
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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Fri Dec 19 2003 - 21:10:40 GMT