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

From: Terry Carroll <carroll[_at_]tjc.com>
Date: Thu, 22 Apr 1999 13:05:10 -0700 (PDT)

On Wed, 21 Apr 1999, Tyler Ochoa <tochoa[_at_]law.whittier.edu> wrote:
>
> Software is not on the list, so software can be a "work made for hire"
> ONLY if it happens to also fall within one of the nine types. In my
> experience, software companies routinely seem to disregard this
> inconvenient fact.

My sense is that almost all commercially viable software packages will be "collective works," making contributions to them subject to this provision. I would be hard-pressed to find any commercially available computer program that consists of a single module (even if the final distributed packaging puts all modules into a single .EXE file).

-- 
Terry Carroll       | "Report of the Committee On Governmental Affairs,
Santa Clara, CA     | United States Senate, To Accompany S. 1364, An Act To
carroll[_at_]tjc.com     | Eliminate Unnecessary and Wasteful Federal Reports."
Modell delendus est |  - Title of U.S. Senate Report 105-187, May 11, 1998
Received on Thu Apr 22 1999 - 20:08:28 GMT

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