Re: L.Rev (C) Release

On Tue, 9 Nov 1999, Harold Federow <haroldf[_at_]bsquare.com> wrote:
>
> On Mon, Nov 08, 1999, Bruce E. Hayden <bhayden[_at_]ieee.org> wrote:
> >
> > But is this really sufficient to take things out of work for hire
> > situation? Possibly if you view these rules as defining what is
> > within the scope of employment for faculty, but then again, there
> > is always the argument that you make below -- that they are hired
> > to teach, research, and write. If that is the case, then at best
> > I would think that the school policies would work to create a
> > limited license to the faculty to license their works.
>
> I think of it more as the University waiving its rights as an employer.

But reading the Copyright Act, I failed to see the place there that stated that this would work. Rather, the Copyright Act seems to me to require that ownership of the copyright in a work-for-hire be with the statutory author (the employer) until and unless there is a written assignment (or the work falls into one of a specific small number of specific types of works).

The problem to me is that the 1976 Copyright Act started the process, and the joining of Berne completed the process of making copyright in the U.S. automatic. It just happens. The author doesn't need to do anything at all to get it. No more marking. No more registration. All you have to do is create a work of original expression, and if you do not work for the U.S. government, then the work is protected by copyright.

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1999 Bruce E. Hayden,all rights reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
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Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
                                     bhayden[_at_]copatlaw.com