Original legal work?

From: Ferguson, David (GEIS) <David.Ferguson[_at_]geis.ge.com>
Date: Tue, 20 May 1997 08:42:14 -0400

The other day, I was describing to an attorney some of the intriguing threads I've followed on this list, and some of the U.S. copyright principles I think I've learned. He then said that from time to time, he'll submit some written work to another attorney -- say, text for a separation agreement. Once the "real work" has been finished, the second attorney will say in effect, "that was really well written. I'm going to save that and use that myself."

The first attorney has joked on such occasions, "No, you can't, that's copyright 1997 Urfer Pendragon." Given our recent conversation, though, he wondered to what extent such writing would be protected by copyright.

My own impression (not legal advice, not even training advice) is that, to the extent the text is an original expression of an idea, it is protected, and thus the second attorney cannot use that expression without permission of the writer. But in the multi-armed world of the law, someone always says, "On the other hand..."

Maybe the text is really a work for hire because someone's retained the first attorney to prepare the agreement in the first place? Or, could it be that in legal circles, nothing under the sun is new? Nah...

(Next week: how few angels dancing on the head of a pin for how short a time constitute a public performance?)

Regards,
Dave

Dave Ferguson, Sr. Proj. Mgr., Sales Training

GE Information Services          Voice: 1.301.340.5690
401 N. Washington St., MNB1B     Fax: 1.301.340.5551
Rockville MD 20850  U.S.A.       David.Ferguson[_at_]geis.ge.com

....my opinions, not GE's Received on Tue May 20 1997 - 12:46:51 GMT