Re: Work for Hire for Whom?

On 98-06-11, Mike Bradely <michael[_at_]vision-soft.com> writes:
>
> "A writer is a W2 employee of Agency X. He is assigned to work on a
> project at Client Y. His contract with Agency X says, "The work to be
> performed under this contract is a work made for hire."
>
> Who's the author for purposes of copyright, Agency X or Client Y?
> I would assume it is Agency X and that copyright must be explicitly
> transferred to Client Y."

Mike:

I think your assumption is correct, but depending on unknown enumerable and variable fact patterns, I can conceive of counter arguments (as can any competent, creative attorney/litigator).

Am I also correct in assuming that Agency X has some sort of contract with Client Y. In order to avoid potential future litigation over ownership rights, I would advise Agency X to draft its employment contracts expressly to include something to the effect that any work by its [W-2] employees performed via "transfers" or other arrangements providing for an employee to work (temporarily) (on a specific project) for an Agency X client also constitutes "work for hire" owned exclusively by Agency X, as well as to have written contracts with its clients such as Y that expressly state that the "work for hire" provisions of its (X's) employee contracts apply to any work done by Agency X employees for third parties such as Client Y.

Barbara Brudno, Esq.
LAW OFFICES OF BARBARA BRUDNO
Los Angeles, CA
(310) 550-8034 (Phone) // (310) 550-7246 (Fax) BBIPLaw[_at_]aol.com (E-mail)
http://www.wld.com/lawyer/barbara.brudno (on-line West Legal Directory

     listing/Resume/etc.) Received on Thu Jun 11 1998 - 23:02:26 GMT