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

28/08/2007, 17h22

Jerry Stuckle <jstucklex@attglobal.net> wrote in
news:OP-dnckjMu7jpknbnZ2dnUVZ_uejnZ2d@comcast.com:

> 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?

Naturally IANAL. Time used during work as a volunteer is not deductible
under current tax laws, so I think a website (the product of the work)
would constitute a donation, which would certainly constitute
"ownership" of the final product.

If anyone can find a relevant third party source of information on this,
it would be great. I'm coming up blank.

--
Karl Groves
http://www.8pistons.com
http://www.thehotrodclassifieds.com
http://www.grayscalecms.com
http://www.karlcore.com

28/08/2007, 17h22	#26
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:OP-dnckjMu7jpknbnZ2dnUVZ_uejnZ2d@comcast.com: > 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? Naturally IANAL. Time used during work as a volunteer is not deductible under current tax laws, so I think a website (the product of the work) would constitute a donation, which would certainly constitute "ownership" of the final product. If anyone can find a relevant third party source of information on this, it would be great. I'm coming up blank. -- Karl Groves http://www.8pistons.com http://www.thehotrodclassifieds.com http://www.grayscalecms.com http://www.karlcore.com