Re: joint work/U.S. govt.

Llew Gibbons <lgibbons[_at_]sprintmail.com> asked:
>
> Robin W. Edwards <r.w.edwards[_at_]larc.nasa.gov> wrote:
> >
> > Has anyone addressed the issue (or just have an off-the-top-of-your-head
> > opinion) of the copyrightability status of an inseparable joint work
> > where there is contribution (other than 17 USC 105, contribution of each
> > person is copyrightable) by a nongovernment employee and contribution by
> > a government employee (assuming nothing contractual which establishes,
> > for example, a work for hire, arrangement)??
>
> If its a joint work, why is this an issue. I understand that either
> party in a joint work can grant a non-exclusive license. I would then
> assume that there is a de facto non-exclusive license granted to the
> world by the United States as a co-joint-author. Doesn't that solve
> the problem?

I don't think so. Instead, it restates the problem.

If the US Govt employee's participation is within the scope of his duties as a government employee, then his contribution is a work of the government, and there can be no joint ownership because there can be no copyright in a government work. Thus there cannot be "a de facto non-exclusive license granted to the world by the United States as a co-joint-author," since you cannot license what you do not own, and the US cannot own the copyright, even jointly. The NON-Govt author, then, presumably, is the sole owner of the copyright---UNLESS the participation of the Govt employee as a co-author makes the entire work a "work of the US Government," and thus not copyrightable by EITHER party. Which I think was the dilemma presented by the original poster.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Sat Mar 21 1998 - 19:04:41 GMT