ST Alpha - "Excellent summary. I award you 40 RC Points." (Reading a Post)

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In response to "when a copyrightable work is created "for hire" the copyright belongs to the person paying for it, not the work's creator. -- nm*" by znufrii

Excellent summary. I award you 40 RC Points.

Posted by ReluctantCynic (aka ReluctantCynic) Nov 18 '15, 12:53

The problematic issues come up more in the context of commissioned works of art or photography, or independent contractors, than in employment situations. This particular lawyer was trying to argue that his client (an artist) owned the rights to artwork commissioned for a federal building.

My basic response was: "Have you actually read the underlying contract? Particularly the clause captioned 'Work for Hire'? And have you met any attorneys working for [this particular federal agency]? Do you really think government attorneys would overlook 30 years of case law since Community for Creative Non-Violence v. Reid?"

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there was an interesting case a while back, where Martha Graham's heir sued her dance company for the rights to her works -- (link*) - znufrii Nov 18, 13:07 1
- I'd heard of this case, but hadn't really dug into it. Now I know what I'll be reading over lunch! :-) -- nm - ReluctantCynic Nov 18, 13:12

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Excellent summary. I award you 40 RC Points.

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