Download Understanding Work for Hire Agreements and Joint Works in Copyright Law and more Slides Law in PDF only on Docsity! GOALS FOR CLASS • To learn about joint work • To learn about transfer of copyright ownership Docsity.com WRAP UP POINTS: WORKS MADE FOR HIRE • Don’t forget about the two types of work made for hire in section 101 • CCNV holds that courts should apply the general common law of agency to determine whether the work was prepared by an employee or an independent contractor, and hence which provision of section 101 may apply Docsity.com WORK FOR HIRE AGREEMENTS • Schiller (7th Cir.): work for hire agreement not signed by both parties; and also too late - writing needs to be signed before creation • Playboy (2d Cir.) - just agreement must precede creation, not writing. Endorsed checks by artist bearing legend that works were made for hire were acceptable as work for hire agreements Docsity.com WORK FOR HIRE AGREEMENTS • Armento v. Lasar Image, Inc. (W.D.N.C. 1996) indicates that agreement doesn’t have to use “work for hire agreement” language, but ruling is open to question since it treats assignments (which can be terminated: we’ll discuss later in course) with work for hire agreements (which cannot be)- it is safer to expressly use “work for hire” language in agreement Docsity.com JOINT WORKS • What’s a joint work? See s. 101 definition • What rights does each co-author of a joint work have? (See section 201) Docsity.com RIGHTS OF JOINT AUTHORS • Each has equal and undivided interest in work • Each has right to use or license work as so wishes • Duty to account to other joint author Docsity.com THOMSON v. LARSON (2d Cir. 1998) • Relevant Facts? • Issue? • What remedies does Thomson seek? • How does S.D.N.Y. rule? • How does 2d Circuit rule? • Reasoning? Docsity.com JOINT WORKS • Is collaboration enough to establish joint authorship? Docsity.com MORE ON INTENTION TEST • The joint work intention test is not just SUBJECTIVE. You must look at the relationship -- e.g. how the collaborator regarded herself in terms of billing and credit, decisionmaking, and right to enter into contract Docsity.com THOMSON • Does this case effectively add any judicial requirements to the statutory definition of a joint work? If so, what is it? • What issue was left undecided in Thomson? Docsity.com THOMSON • Does this case effectively add any judicial requirements to the statutory definition of a joint work? If so, what is it? The additional requirement focuses on the intention of one of the parties • What issue was left undecided in Thomson? Whether a contributor in Thomson’s position had any rights in her own contribution. Docsity.com
