A programmer could still go back and execute an agreement dated three years ago that assigns all of his copyrights for the next three years to the purchaser. That doesn't mean that the agreement is valid.
The best approach is generally to give the correct date, or leave the date off entirely, but have an effective date of the agreement prior to beginning work. Include language assigning all rights in the copyrightable works to you in the event they're determined not be be works for hire. Then, record the copyright in the works, indicating that it is a work made for hire. Even if your claim is challenged, you will, at the least, have given prospective purchasers notice of your claim.
As for whether you'd get caught, that all depends on the circumstances. If the authors agree to backdating, they'd have a hard time claiming fraud later in a dispute between the authors and you. However, if a third party attacks your rights in the copyright (for example, as a counterclaim if you sue that third party for infringement) and deposes the authors, you could very well wind up with problems if the authors decide to tell the truth.
Kevin Grierson
Kevin W. Grierson
Willcox & Savage, P.C.
One Commercial Place, Ste. 1800
Norfolk, Virginia 23510
mailto:kgrierson[_at_]wilsav.com
ph: 757/628-5603 fx: 757/628-5566
http://wilsav.com
>>> jvictor9999[_at_]yahoo.com 12/22/03 11:05AM >>>
Hello,
I do have a lawyer prepared agreement that gives me everything but the kitchen sink. What I am worried about, is that later on a programmer could sign the rights over to anyone and simply put a date earlier than the one on my agreement, as a notary is not required. My agreement would suddenly become trash. The only sure way I see to prevent that is by dating mine 2 years back when the whole project started.
Thanks for the comments. Funny, but know one really answered my question. "Can I get caught?":-)
Regards,
jvictor9999
>
> Regards,
> Victor
>
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