Re: Re: "University as author?"

From: Steven Jamar <sjamar[_at_]law.howard.edu>
Date: Tue, 16 Aug 2005 18:30:00 -0400

On Aug 16, 2005, at 5:30 PM, Agenbroad, James ((Civ,ARL/CISD)) wrote:

> I think that I would modify "done on company time" to "allowed or
> directed to do on company time"
>

But the law of master-servant, agency, and employer-employee in every jurisdiction with which I am familiar says otherwise. "Done on company time" is a factor -- not a determinant, just a factor. So even if you would modify it, the law, so far as I am familiar with it, does not. Obviously if one is "allowed" or "directed", the inference of the work being within the scope is stronger, but that does NOT take away the "done on company time" as a factor.

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:sjamar[_at_]law.howard.edu
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

"Example is always more efficacious than precept."

Samuel Johnson, 1759
Received on Wed Aug 17 2005 - 02:30:00 GMT

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