Computer software as a work made for hire henry park law. Under the current statute, there are only two ways that the work made for hire doctrine can apply to graphic artists. From the moment it is set in a print or electronic manuscript, a sound recording, a computer software program, or other such concrete medium, the. The term employee here is not necessarily the same as the common.
Thus, for avoidance of doubt and to ensure that all. Used by itself, it could be argued that the workforhire doctrine does not apply to software. Under the work for hire doctrine, the classification of the worker who creates the software, either as an employee or an independent contractor, matters greatly. This is a significant finding because it is far from clear that software falls under the workforhire doctrine at all. However, under the work made for hire doctrine, ownership flows to the employer or the person for whom the work is prepared because.
Workforhire doctrine as protection for your software golan. The application of foreign law to works made for hire convolutes the situation further still, for the reason that most nations have not recognized a cohesive work for hire doctrine as has the u. Theres a bit of mystery surrounding the work made for hire doctrine, especially when it comes to independent contractors that develop software. One of the most common misconceptions about law is that if you pay someone to develop software for you, it is a work made for hire and. The concept of work made for hire can be complicated. Work made for hire doctrine does not generally apply to.
The designation of a work as a work made for hire also can have an effect on termination rights. Finally, although the court in mediachase found that the software qualified as a workforhire and granted summary judgment to the customer on this basis, the court also found that the plaintiff. Thus, even if the programs had not been a work made for hire. The work for hire doctrine is one of the most confusing subjects facing many.
Does the term workforhire really mean anything in software. Copyright, computer software, and work made for hire. The work for hire doctrine almost never works in software development contracts employees. Thus, the plaintiffs employment status provided an independent basis for invoking the work for hire doctrine.
If an employee creates a work within the scope of the employment, then the employer is automatically deemed. The employer can be a firm, an organization, or an individual. First, if you are a regular employee, your employer will own any work you do within the scope of your employment automatically as work made for hire. Finally, although the court in mediachase found that the software qualified as a workforhire and granted summary judgment to the customer on this basis, the court also found that the. With an employee, a business often holds the to the employeecreated work. On the other hand, if the work is created by an independent contractor or freelancer, the work may be considered a work for hire only if all of the following conditions are met. Thus, even if the programs had not been a work made for hire, ownership nonetheless would have vested in mediachase.
When it comes to independent contractors, three requirements must be. Under the workforhire doctrine, the classification of the worker who creates the software, either as an employee or an independent contractor, matters greatly. In addition, under the employment agreement the plaintiff was obligated to assign ownership. The copy right code provides that certain grants of the rights in a work that were made by the author may. It is surprising how many software development contracts with independent contractors rely on a designation of deliverables as works for hire to give the customer ownership of s in the deliverables. If an employee creates a work within the scope of the employment, then the employer is. Workforhire doctrine as protection for your software. If a work is made for hire, an employer is considered the author even if an employee actually created the work.