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Re: Professional Employees and Works for Hire

by dave_aiello (Pilgrim)
on Mar 20, 2002 at 22:53 UTC ( #153159=note: print w/ replies, xml ) Need Help??


in reply to Professional Employees and Works for Hire

I'd like to see the EFF take a case like this and go all the way to the Supreme Court of the United States. The concept of "work made for hire" is just another part of the Intellectual Property system in the United States that is crying out for adjustment, so that the rights of the actual author and the public are brought into balance with those of the employer. Practically any creative person who works in the IT industry could devise a more equitable system than this.

Dave Aiello
Chatham Township Data Corporation


Comment on Re: Professional Employees and Works for Hire
Re (tilly) 2: Professional Employees and Works for Hire
by tilly (Archbishop) on Mar 21, 2002 at 01:28 UTC
    Fine. You volunteer.

    I would first suggest reading the statute (section C in particular for the statutory per incidence liability) and calculate the total liability if you have (as I have) an established history of emails, posts, etc, many of which could qualify as copyright infringements on works for hire. Then discuss the odds of success with a competent lawyer.

    I have done something that is really stupid. But I am not that stupid.

      tilly: I didn't mean to imply that you should be a party to any legal action attempting to strengthen author's rights. I sincerely hope that the choices you have to make work out favorably for you.

      Dave Aiello
      Chatham Township Data Corporation

      tilly you were definately forgetful, and possibly shortsighted but I take issue with you calling yourself stupid. You might be kicking yourself for not avoiding trouble, but it sounds like someone is taking a personal interest in making your life hell. It sounds like you are being bullied, albeit in a much more sophisticated way than your average schoolyard bully.

      I know the feeling when you walk into a room and some smiling arsehole in a suit ruins your day, month, and year. I faced almost the same thing at Christmas time (they delivered their intention to charge me the day after Christmas). It ruined my holiday, and I still feel tense every time I think of it.

      It sounds like you have some people on your side, and I hope that your admonishment is nothing more than a slap on the wrist. I certainly appreciate you are caught by your contract, and that he who has the most lawyers wins. If you can get away without losing completely, you are doing allright.

      On a slight tangent, I can recommend public service (federal enmployment?) work (such as I am in now). Admittedly I am earning less than any of my friends (at the worst, half of their salaries), but the working conditions are great, the hours are good, and they do respect your rights. Money is nice, but I'm really enjoying going to work, knowing that not much at work can escape into my private life.

      Best of luck,

      ____________________
      Jeremy
      I didn't believe in evil until I dated it.

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