[ SHOWGSD-L ] Re: A real mess
- From: John Ayotte <john@xxxxxxxxxxxxx>
- To: ELG440@xxxxxxx
- Date: Thu, 17 Aug 2006 22:01:38 -0400
Evan, why don't you look into the legal term "work for hire". From my
long involvement in the design field, I understand that unless a
contract specifically stating otherwise is in place, the creative
efforts of a designer on behalf of a client become the property of
the client. When I designed a logo, or a corporate identity system,
for a client like Federal Express, or Midway Airlines, the finished
work and it's expression in various media, became their property.
The alternative arrangement, most often employed by photographers,
involves copyrighting of the work (photograph) and granting/selling
very specific rights to the client for the use of the image in very
specific and limited ways.
In the case of work for hire, if copyright is involved, it is usually
owned by the client.
Just some thoughts that might help clarify this discussion.
~~~~~~~~~~~~~~~~~~~~~~
John Ayotte
john@xxxxxxxxxxxxx
jmaDESIGN
http://www.jmadesign.com
~~~~~~~~~~~~~~~~~~~~~~
On Aug 17, 2006, at 4:37 PM, ELG440@xxxxxxx wrote:
>
>
> In a message dated 8/17/06 9:23:07 A.M. Pacific Standard Time,
> PAGAIRS@xxxxxxx writes:
> Gail,who was hired and paid by the Parent Club hired her two
> friends
> to help her run the Review. They were HER Paid employees. What
> was used
> to
> run the Review stays with the Review.,which belongs to the
> Parent club.
> Just because Gail had an Independent Contractors contract,so she
> could
> hire her
> two friends,doesn't entitle her or them to any rights of ownership
>
>
>
> Actually the facts as Helen states are correct, the law that Helen
> and Gary
> state is not.
>
> An independent contractor is such, since they can develop the work
> on their
> own time, with their own equipment. If the party who contracts with
> them gives
> them too much direction, or controls the method of development,
> then the
> independent contractor status is lost, and there are tax consequences.
>
> Since Gail did hire her own staff, at her own expense, then any
> systems
> developed by that staff remain the property of the person who
> developed them. The
> past Reviews published and the information in those magazines does
> belong to
> the GSDCA, as it is a product paid for and produced for and by the
> club.
> However, the tools used to produce that magazine, if developed by
> an independent
> contractor, does not become the property of the club.
>
> The law in this area is becoming interesting as people develop
> computer
> programs, while employed, and while independent contractors. I just
> won a large
> trial against an Indian Reservation who hired my client to write a
> program to
> allow the gamblers to accumulate points that then could be used to
> purchase
> items. The casino felt they owned the program. The court felt
> differently,
> after reviewing the law of independent contractors.
>
> Perhaps this is more than people wanted to know, but I was just
> involved in
> exactly this question.
>
> Evan (http://www.asgardgsd.com/)
> Asgard German Shepherds
> http://www.asgardgsd.com/
> Where Type Movement and Temperament come together
>
>
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POST is Copyrighted 2006. All material remains the property of the original
author and of GSD Communication, Inc. NO REPRODUCTIONS or FORWARDS of any kind
are permitted without prior permission of the original author AND of the
Showgsd-l Management. ALL RIGHTS RESERVED.
ALL PERSONS ARE ON NOTICE THAT THE FORWARDING, REPRODUCTION OR USE IN ANY
MANNER OF ANY MATERIAL WHICH APPEARS ON SHOWGSD-L WITHOUT THE EXPRESS
PERMISSION OF ALL PARTIES TO THE POST AND THE LIST MANAGEMENT IS EXPRESSLY
FORBIDDEN, AND IS A VIOLATION OF LAW. VIOLATORS OF THIS PROHIBITION WILL BE
PROSECUTED.
For assistance, please contact the List Management at admin@xxxxxxxxxxxx
VISIT OUR WEBSITE - URL temporarily deleted due to AOL issues
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