Re: a question about software and the work for hire doctrine

On 04/16/99, Rod Dixon <rod[_at_]cyberspaces.org> wrote:
>
> On Wed, 14 Apr 1999, Michael Tobin <mtobin[_at_]kclh.com> wrote:
> >
> > Does anyone know for sure whether a software program falls within
> > any of the categories of the work for hire doctrine relating to
> > non-employee programmers? I've read articles arguing that programs
> > do fall within the work for hire doctrine and I've read other
> > articles arguing that they don't. Is anyone aware of a specific
> > case discussing this issue?
>
> The short answer to your question is of course they can. Having said
> that I must point out that the answer doesn't help you much because you
> have asked the wrong question. We need more facts to offer you a
> complete and useful answer.

The difference you saw in those articles is basically related on whether a non-employee is creating the software based on an agreement clearly establishing that the results of the service provided is owned by the contratctor.

There are many different articles and decisions discussing the issue on work-made-for-hire and the US courts has many decisions on this regard.

Erica Aoki
<ea[_at_]tfts.tozzini.com.br> Received on Mon Apr 19 1999 - 19:17:55 GMT