[thelist] re-purposing website graphics

Bob Haroche bharoche at usa.net
Wed Aug 2 11:43:27 CDT 2000


> Work you get paid for is work for hire and the person/firm paying
> owns it.

No, not exactly.  "Work for hire" is defined to mean (1) work performed by
an employee within the course and scope of his employment, OR (2) work
performed subject to an express agreement that it is "work for hire."

So...if a freelance designer does work on an independent contractor basis
and there's no agreement re copyright ownership, then the designer retains
the copyright.  See, "Internet Legal Forms for Business" (Ladera Press at
pp. 8-9).

Or, from "the horse's mouth", an excerpt from the US Copyright statute:
http://www.loc.gov/copyright/title17/92chap1.html

----------- Excerpt Below (emphasis added) -------------

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 sound recording, 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****. For the purpose of the foregoing sentence, a "supplementary work"
is a work prepared for publication as a secondary adjunct to a work by
another author for the purpose of introducing, concluding, illustrating,
explaining, revising, commenting upon, or assisting in the use of the other
work, such as forewords, afterwords, pictorial illustrations, maps, charts,
tables, editorial notes, musical arrangements, answer material for tests,
bibliographies, appendixes, and indexes, and an "instructional text" is a
literary, pictorial, or graphic work prepared for publication and with the
purpose of use in systematic instructional activities





Bob Haroche
O n P o i n t  S o l u t i o n s
http://www.OnPointSolutions.com








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