Re: Re: Re: Non contracted intelectual property.

You are so right.

Jessica Friedman

On Tue, 09 Jan 2007 16:05:45 -0500
  "Vance R. Koven" <vrkoven[_at_]gmail.com> wrote:
> I agree with Jessica's first sentence, but not the
>second. A would only
> "own" the work as WMFH based on a contractual
>declaration if it fell into
> one of the nine specified categories in the Copyright
>Act. Otherwise (the
> vast majority of cases), there would have to be an
>express *assignment* of
> the copyright, and in that case the assignment would be
>subject to the
> 35-year recapture provisions.
>
> Vance
>
> On 1/8/07, jrfriedman[_at_]litproplaw.com
><jrfriedman[_at_]litproplaw.com> wrote:
>>
>> A can own a work created by B if B is a full-time
>>employee
>> and the work was created in the scope of B's employment.
>> Alternatively, A can own a work created by B if B was an
>> independent contractor and both parties signed an
>> agreement saying that the work would be work made for
>> hire.
>>
>> Based on your summary of the facts, you might have a
>>good
>> argument that they do not own it because, even if you
>> wrote it partly on company time, the job of "kitchen
>> manager" would not seem to include writing a software
>> program for inventory management and therefore, it
>>doesn't
>> sound like you wrote it "in the scope of your
>> employment." But your employer might also have a good
>> argument to the contrary, since at the end of the day,
>>the
>> program was written to facilitate the kitchen manager's
>> job and that job *was* your full-time job. If the job
>> description included doing whatever you could to improve
>> the efficiency of the kitchen, writing a program might
>> well come within that category. The cases are very
>> fact-specific and I'm sure if one were to dig a little
>> deeper, there are more facts than the ones you provided.
>>
>> Jessica R. Friedman
>> www.literarypropertylaw.com
>>
>> On Mon, 08 Jan 2007 15:00:15 -0500
>> "Brian Lucas" <bcl1713[_at_]gmail.com> wrote:
>> > This is purely for my curiosity's sake as the
>>situation
>> >has already been
>> > settled but I was curious if anyone could give me some
>> >information or
>> > maybe a case law or two to back me up. I was working
>> >for a restaurant
>> > in my area as their kitchen manager. They were
>> >completely lacking in
>> > any sort of inventory management when I started there.
>> > I decided on my
>> > own accord to write a little program in sql using
>>Access
>> >(on my personal
>> > computer using my copy of access) in order to keep
>>track
>> >of their
>> > inventory. I was never commissioned to write this
>> >program. I wrote a
>> > minimum of 75% of the program on my own time. A
>>maximum
>> >of 25% however
>> > was completed on work time when I had some downtime
>>and
>> >nothing else to
>> > do. When I quit my job, the owner and GM "claimed"
>>they
>> >had talked to
>> > their lawyer and owned the rights to this program. I
>> >denied them and
>> > they "decided not to pursue it". Did they have any
>> >legal right to my
>> > software?
>> >
>> > Brian
>>
>> Jessica R. Friedman
>> Attorney at Law
>> 757 Third Avenue
>> Suite 1903
>> New York, NY 10017
>> Tel.: (212) 220-0900
>> Fax: (212) 973-9101
>>
>> More information at
>> www.literarypropertylaw.com
>>
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>
>
> --
> Vance R. Koven
> Boston, MA USA
> vrkoven[_at_]world.std.com

Jessica R. Friedman
Attorney at Law
757 Third Avenue
Suite 1903
New York, NY 10017
Tel.: (212) 220-0900
Fax: (212) 973-9101

More information at
www.literarypropertylaw.com Received on Wed Jan 10 2007 - 04:35:01 GMT