Re: Work for Hire and Copyright Assignment.

From: Stephen Fishman <sfish55[_at_]yahoo.com>
Date: Fri, 26 Mar 1999 17:24:34 -0800 (PST)

On Thu, 25 Mar 1999, Wendy Nemeroff <wendy_nemeroff[_at_]geoworks.com> wrote:
>
> On 2/3/99, Terry Carroll <carroll[_at_]tjc.com> wrote:
> >
> > On Tue, 2 Feb 1999, Kaye Caldwell <kaye[_at_]ix.netcom.com> wrote:
> > >
> > > In California the work-for-hire might be sufficient since under
> > > California law it makes them an employee in which case the employer
> > > owns the copyright anyway.
> >
> > In California, a work-made-for-hire agreement does not make the hired
> > party an employee, except for purposes of assessing unemployment
> > insurance and worker's compensation contribution.
>
> Please enlighten me as to which case has this as its holding.

There is no case with such a holding. This rule is set forth in Calif. Labor Code Section 3351.5(c) and Calif. Unemployment Insurance Code Sections 621, 686.

Stephen Fishman
<sfish55[_at_]yahoo.com>

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