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

29/08/2007, 19h55

"Jerry Stuckle" <jstucklex@attglobal.net> wrote
>> On Aug 27, 9:45 pm, Ignoramus19946 wrote:
>>> If she wrote it "for" someone, it is that somone's property.
>>
>> I agree with 19946. It was written "for the council" The fact she
>> didn't get paid for it means nothing. I do a lot of work on Rent A
>> Coder in my spare time. The buyer always gets the code. I might
>> charge $4.00 for a $1,000 worth a work. I get my $4 sure enough, but
>> they get everything.
>
> Doesn't a difference if they get the code or not. Copyright has a legal
> definition, and U.S. law states that if you do creative work for someone
> and are not an employee, you own the copyright (unless you have assigned
> the copyright to them in the contract or other legal document).
>
> The fact it was "written for the council" is immaterial. Check with a
> copyright attorney.
>
Even if she were an employee (paid or volunteer), I believe copyright would
not automatically pass to the employer, at least under U.S. law. See
http://www.copyright.gov/circs/circ9.html.
The employer would own the copyright only if the creative work was performed
in the course of her normal employment -- that is, if she was hired
specifically for that task, as a journalist is hired by a newspaper or an
illustrator by a magazine -- or if there is a written agreement specifying
the transfer of copyright to the employer.
The fact that she originally created the site as a non-paid volunteer would
support the notion that she retains ownership of the design. Her later
employment to maintain the site should not affect that.
Of course, unless she created the organization's logo or some other portion
that would be difficult to replace, I am not sure what leverage she has. For
far less than the cost of litigating the issue, the organization could dump
her design and "plug in" an off-the-shelf template, and then engage another
designer to come up with a fresh look under a work-for-hire agreement.
In the USA, a good copyright attorney will cost $300 to $500 per hour.

29/08/2007, 19h55	#42
Alex Messages: n/a Hébergeur:	Re: Who would "own" this website since it's written by a volunteer? "Jerry Stuckle" <jstucklex@attglobal.net> wrote >> On Aug 27, 9:45 pm, Ignoramus19946 wrote: >>> If she wrote it "for" someone, it is that somone's property. >> >> I agree with 19946. It was written "for the council" The fact she >> didn't get paid for it means nothing. I do a lot of work on Rent A >> Coder in my spare time. The buyer always gets the code. I might >> charge $4.00 for a $1,000 worth a work. I get my $4 sure enough, but >> they get everything. > > Doesn't a difference if they get the code or not. Copyright has a legal > definition, and U.S. law states that if you do creative work for someone > and are not an employee, you own the copyright (unless you have assigned > the copyright to them in the contract or other legal document). > > The fact it was "written for the council" is immaterial. Check with a > copyright attorney. > Even if she were an employee (paid or volunteer), I believe copyright would not automatically pass to the employer, at least under U.S. law. See http://www.copyright.gov/circs/circ9.html. The employer would own the copyright only if the creative work was performed in the course of her normal employment -- that is, if she was hired specifically for that task, as a journalist is hired by a newspaper or an illustrator by a magazine -- or if there is a written agreement specifying the transfer of copyright to the employer. The fact that she originally created the site as a non-paid volunteer would support the notion that she retains ownership of the design. Her later employment to maintain the site should not affect that. Of course, unless she created the organization's logo or some other portion that would be difficult to replace, I am not sure what leverage she has. For far less than the cost of litigating the issue, the organization could dump her design and "plug in" an off-the-shelf template, and then engage another designer to come up with a fresh look under a work-for-hire agreement. In the USA, a good copyright attorney will cost $300 to $500 per hour.