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That link and Joel seem to agree. By default the contractor owns the IP, unless the contract contains the legal phrase "work made for hire." Maybe you should
by ambrice 10y ago
That link and Joel seem to agree. By default the contractor owns the IP, unless the contract contains the legal phrase "work made for hire." Maybe you should have kept reading?
- ghurtado 10y agoI think you misunderstand: all work done by an independent contractor is by default "work made for hire" unless explicitly stated otherwise.
- ambrice 10y agoNot according to the Copyright Act of 1976: https://www.copyright.gov/title17/92chap1.html https://www.copyright.gov/title17/92chap1.html A “work made for hire” is— (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
- ghurtado 10y agoWell, I'll be damned: it looks like you're right. I think I was probably misremembering my experience as a software contractor, in that I don't think I ever signed a single contract that did not include the "work for hire" stipulation. Ironically, it seems far from clear that "work for hire" even applies to software: http://www.lexology.com/library/detail.aspx?g=59a4a8c4-c446-4870-8710-5463bd8ea894 http://www.lexology.com/library/detail.aspx?g=59a4a8c4-c446-...
- odbol_ 10y agoYes, and what is a "work for hire" besides a work made under a contract saying it's a work for hire?