Karl Groves wrote:
> 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
>
>
>

Yes, that's one case, Karl. But are there others?

For instance, while I am volunteering, I am under control of Emergency
Management and can be assigned as they see fit. They also have
guidelines on how I must perform my "work". And, of course, they are in
the "business" of managing emergencies.

But other than the insurance, I get no other benefits, don't get paid
(so no withholding), etc.

I also don't know how it would be ruled if I were teaching first aid
classes for the Red Cross as a volunteer - even though they set up the
schedule, provide the location and materials, etc.

So how would the courts rule on that? As I said - it's a gray area, and
I have no idea.


--
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Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
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