Re: Who owns it?

Robert E. Pauley <rpauley[_at_]primary.net> asked if the assumption is correct that the state will own the copyrights in this situation:
>
> "They hired me to help build the WAN. This intranet site was my idea.
> Basically what it is going to be is a picture of the State, with a
> hyperlink for each circuit. When you click on the circuit you then
> choose which county you are interested in and then choose whether you
> want to see how they are connected to our building or how that particular
> court is wired. It's not that hard, but it will entail a lot of work
> because I have to design each drawing and still do my other work.
> As far as property rights go, I would assume that the State owns it
> since it is for work. I don't know and since I'm on probation for the
> next four months, probably won't ask."

If we are talking about one of the states of the United States, and the writer of the paragraph is in fact an employee of the state, and the intranet site design is within the scope of the individual's duties as a state employee, then the state will own the copyright. If, however, the individual was engaged by the state as an independent contractor rather than an employee, or if the design project is not part of the normal course of the individual's duties, then the individual will own the copyright unless the individual executes an express written assignment of copyright to the state. An exception to this is the possibility that the individual's work will be considered a contribution to a collective work---in that case, even if the individual is an independent contractor, the state will still own the copyright. In either case, the state should have a written contract with the individual that clarifies this issue. As you can see, this is extremely fact-specific; I strongly recommend that the individual consult with a copyright attorney regarding the ownership question.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Wed Apr 29 1998 - 17:36:51 GMT