As Kevin pointed out, it really depends on the
relationship beyond ownership. Ownership alone implies
very little connection between the entity and the
owner.
For example I may own ExxonMobil stock, but I can't
demand free gas or even a discount based on that
ownership interest. Heck, I can't even gain access to
the XOM headquarters for a cup of coffee without being
thrown out for tresspassing - and I OWN the dang
building! Now if XOM thinks they have any claim to my
(not so) creative works while I can't even bum a cup
of coffee of them, they can kiss my gas cap.
Percentage of ownership doesn't change this analysis
as much as the owners involvement and control of the
business.
- Heather Vargas <hvarg[_at_]ccb.com> wrote:
> That was my initial reaction too, but it seems an
> odd result under the circumstances. An employer is
> deemed the author of a work made for hire because a
> corporation can only act through its employees. In
> these circumstances, the owner is the employer. It
> seems even more logical then that an entity acts
> through its owners who therefore should be deemed to
> have created a work in the line of business of the
> corporation as a "work made for hire." Of course,
> the statute only says "employees." But in CCNV v.
> Reid, the Supreme Court said that "employee" is
> determined under traditional agency principals. Who
> is more logically an "agent" of an entity than its
> owner?
>
>
> At 02:50 PM 4/11/2005 -0400, John wrote:
> >>I have an interesting situation in which the
> part-owner of a company (we'll call him Bob) created
> a work subject to copyright protection intended for
> use by the company. Bob was employed elsewhere and
> drew no salary or benefits from the company he
> owned. He created the work and gave it to his
> company to use. Work made for hire? Assignment?
> Case law?
> >
> >There's ton of caselaw. My initial reaction is that
> he gave the company a copy of his software and an
> implied license to use it, which should be
> revocable.
> >
> >John Noble
> >
>
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Received on Thu Apr 14 2005 - 00:14:59 GMT