"Robert Kern" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > Andrew Koenig wrote:
>> I'm pretty sure that there was a change to the copyright laws a few years >> ago (perhaps as part of the DMCA), that made it clear that you own >> everything you produce, unless you're a W-2 employee or there is a >> written >> agreement to the contrary. > > The US Copyright Office does not agree with you. > > http://www.copyright.gov/circs/circ09.pdf Well, it comes pretty close to agreeing with me--the only issue is whether the definition of "employee" extends beyond the notion of "W-2 employee" and that issue is not really relevant to the original posting. Here's the relevant quote: If a work is created by an employee, part 1 of the statutory definition applies, and generally the work would be considered a work made for hire. Important: The term "employee" here is not really the same as the common understanding of the term; for copyright purposes, it means an employee under the general common law of agency. This is explained in further detail below. Please read about this at "Employer-Employee Relationship Under Agency Law." If a work is created by an independent contractor (that is, someone who is not an employee under the general common law of agency), then the work is a specially ordered or commissioned work, and part 2 of the statutory definition applies. Such a work can be a work made for hire only if both of the following conditions are met: (1) it comes within one of the nine categories of works listed in part 2 of the definition and (2) there is a written agreement between the parties specifying that the work is a work made for hire. The reason I say that the distinction between W-2 employment and agency employment isn't really relevant is that in the kind of situation we're talking about, there is generally a written agreement specifying scope and nature of work. So I'll amend my statement slightly: If someone pays you to produce a specific piece of work, or you're an employee, any work you do for hire belongs to your employer. Otherwise, it's yours unless there's a written agreement to the contrary. I think that's a fair paraphrase of the paragraph I cited. If you disagree, please say why. -- http://mail.python.org/mailman/listinfo/python-list
