RE: Re: "University as author?"

Point taken.

From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Steven Jamar Sent: Tuesday, August 16, 2005 6:30 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: "University as author?"

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