4 ms·
key part: "[A lawyer specializing in this sort of law] explained that when dad and Chrysalis came to a handshake agreement, as long as the paintings were origi
by bmpafa 8y ago
key part:
"[A lawyer specializing in this sort of law] explained that when dad and Chrysalis came to a handshake agreement, as long as the paintings were originally considered “works made for hire,” the copyright for the paintings always belonged to Chrysalis, thanks to the 1909 Copyright Act. Copyright laws were amended in 1978, making it more difficult for commissioned works to qualify as “works made for hire,” especially in instances where a contract was less-than-specific. Unfortunately, the courts have heavily favored publishers for cases that dated prior to 1978, which means dad missed the cutoff by a scant seven years."
- crystaln 8y agoAnd after that the copyright transfer was inserted into contracts.
- shub 8y agoNot necessarily. At least for writing gigs my wife has done, often they involve assigning all rights but not ownership to the client. This is spelled out in the contract, I imagine to avoid controversy over whether there was "work for hire" or not. On the other hand, every dev job I've taken has had me sign a thing saying that the work I do is work for hire and the employer owns the copyright. Seems fair, they're giving me a paycheck after all.
- pasquinelli 8y agounless it can be inserted into a handshake agreement, that's not really relevant to this case.