PHWinfo - Afficher un message - Who would "own" this website since it's written by a volunteer?

28/08/2007, 17h02

Jerry Stuckle <jstucklex@attglobal.net> wrote in
news:ZLGdnRXgX5W4q0nbnZ2dnUVZ_jKdnZ2d@comcast.com:

> Andy Dingley wrote:
>> On 28 Aug, 14:19, Karl Groves <k...@NOSPAMkarlcore.com> wrote:
>>> Actual ownership of copyrights (including all source code) remains
>>> in the hands of the creator of the work except in instances where
>>> that material was created as part of an established "work-for-hire"
>>> agreement.
>>
>> Or an "unestablished" work for hire agreement. UK law is quite broad
>> in what it includes under those. Many volunteers will be treated as
>> such.
>>
>
> That's a good point, Andy. I don't know how volunteers are treated
> here in the U.S. under copyright law. I guess it would depend on
> other things.
>
> For instance, I'm a volunteer for county Emergency Management.
> Although I'm not paid, during the time I'm on "active duty", I'm
> covered by the County's insurance policy. I would imagine if I were
> working on a web site at that time, it could more easily be construed
> as "work for hire", because even though I'm not being "paid", I'm
> getting another benefit normally reserved for employees.
>

Supreme Court in CCNV v. Reid identified certain factors that
characterize an "employer-employee" relationship as defined by agency
law:
1 Control by the employer over the work (e.g., the employer may determine
how the work is done, has the work done at the employer's location, and
provides equipment or
other means to create work)
2 Control by employer over the employee (e.g., the employer controls the
employee's schedule in creating work, has the right to have the employee
perform other assignments,
determines the method of payment, and/or has the right to hire the
employee's assistants)
3 Status and conduct of employer (e.g., the employer is in business to
produce such works, provides the employee with benefits, and/or withholds
tax from the employee's payment).

Source: http://www.copyright.gov/circs/circ09.pdf

--
Karl Groves
http://www.karlcore.com/cms/id/domains-for-sale/
http://www.thehotrodclassifieds.com
http://www.grayscalecms.com
http://www.karlcore.com

28/08/2007, 17h02	#23
Karl Groves Messages: n/a Hébergeur:	Re: Who would "own" this website since it's written by a volunteer? Jerry Stuckle <jstucklex@attglobal.net> wrote in news:ZLGdnRXgX5W4q0nbnZ2dnUVZ_jKdnZ2d@comcast.com: > Andy Dingley wrote: >> On 28 Aug, 14:19, Karl Groves <k...@NOSPAMkarlcore.com> wrote: >>> Actual ownership of copyrights (including all source code) remains >>> in the hands of the creator of the work except in instances where >>> that material was created as part of an established "work-for-hire" >>> agreement. >> >> Or an "unestablished" work for hire agreement. UK law is quite broad >> in what it includes under those. Many volunteers will be treated as >> such. >> > > That's a good point, Andy. I don't know how volunteers are treated > here in the U.S. under copyright law. I guess it would depend on > other things. > > For instance, I'm a volunteer for county Emergency Management. > Although I'm not paid, during the time I'm on "active duty", I'm > covered by the County's insurance policy. I would imagine if I were > working on a web site at that time, it could more easily be construed > as "work for hire", because even though I'm not being "paid", I'm > getting another benefit normally reserved for employees. > Supreme Court in CCNV v. Reid identified certain factors that characterize an "employer-employee" relationship as defined by agency law: 1 Control by the employer over the work (e.g., the employer may determine how the work is done, has the work done at the employer's location, and provides equipment or other means to create work) 2 Control by employer over the employee (e.g., the employer controls the employee's schedule in creating work, has the right to have the employee perform other assignments, determines the method of payment, and/or has the right to hire the employee's assistants) 3 Status and conduct of employer (e.g., the employer is in business to produce such works, provides the employee with benefits, and/or withholds tax from the employee's payment). Source: http://www.copyright.gov/circs/circ09.pdf -- Karl Groves http://www.karlcore.com/cms/id/domains-for-sale/ http://www.thehotrodclassifieds.com http://www.grayscalecms.com http://www.karlcore.com