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

On Tue, 20 Apr 1999, Erica Aoki <ea[_at_]tfts.tozzini.com.br> wrote:
>
> 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.

I am not familiar with the term 'work-made-for-hire'. It is perhaps associated with US copyright law. If you or anyone else has the time could I please have a definition or background to this phrase?

Thanks,

Helen Dunne
Copyright Coordinator
Museum Victoria, Melbourne, Australia
<hdunne[_at_]mov.vic.gov.au> Received on Wed Apr 21 1999 - 03:56:25 GMT