RE: Work done "in course of employment" - by a minor

From: KAPLAN, Menachem <MK[_at_]marval.com.ar>
Date: Sat, 13 May 2006 00:40:01 -0400

Mike,  

This issue has been addressed on the list (most recently in mid November 2005) before.
If you go to https://mail2.cni.org/Lists/CNI-COPYRIGHT/List.html and search for "minor" you will find several posts discussing copyright issues with minor's (i.e. is the contract voidable etc.).  

While this might not answer your question, it may get pointed in the right direction.  

Best of luck.
Menachem Kaplan    

-----Mensaje original-----
De: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] En nombre de Mike Holderness Enviado el: jueves, 11 de mayo de 2006 19:56 Para: CNI-COPYRIGHT -- Copyright & Intellectual Property Asunto: [CNI-(C)] Work done "in course of employment" - by a minor  

I hope someone can give me a pointer on this one, or at least have fun with it...    

A wishes to enter into a partnership to produce a website with B, a US resident, currently 18 years old, using computer programs written by B.  

B says he originally wrote the program while an employee of a company who
he has now fallen out with. He feels that he can now carry on using the program as he was 16 when he created it and therefore the contract he signed with the company stating that he was an employee and therefore relinquishing his rights was invalid as he was a minor at the time.  

A proposes that the agreement with B will include a clause where "we state
that we own the rights to our respective creations and agree to indemnify
each other against any losses incurred as a result of any legal action resulting from (c) infringement".  

So:  

Who owns B's code?  

A is thinking of approaching the company for a licence. Is this necessary?  

Mike    

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Received on Sat May 13 2006 - 08:40:01 GMT