Re: work for hire

On Sun, 17 Nov 1996, Jayne Sebby wrote:
>
> While I'm figuring out my answer to the "works made for hire" issues,
> here's another thread for contemplation:
>
> A brief is a writing contracted for by the government (the
> judiciary) and arranged and paid for by a third party which
> has an interest in the outcome (the judge's decision).
>
> Solves the license/fair use dilemma since the brief wouldn't be
> copyrightable.

I don't see the jump that results in "since the brief wouldn't be copyrightable."

If you're thinking to section 105, note that it only applies to works of the government, not to works prepared for the government. In addition, it applies only to the federal government, so even if we were to accept, for the sake of argument, that a brief constituted a work of the government, this would only make brief filed in federal court uncopyrightable, not those filed in state court.

--
Terrence J. Carroll 
Attorney at Law                                      ph: 415/843-5090
Cooley Godward LLP                                  fax: 415/857-0663
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