Focus on superintendent/mastermind of the work and objective intent of authors to combine the work 9th Cir. rescues for neglecting to K w/ – Δ Π (1989) Community for Creative Non-Violence v. Reid CCNV Reid to make nativity scene with homeless people Held: Reid is an IC, not employee, question whether CCNV is co-author settled – (2d Cir. 1992) Aymes v. Bonelli Aymes hired to create computer programs under Bonelli’s direction, no express agreement re copyrights Focus on bold factors above Held: Not employee suggests tax/benefits Reid – – are dispositive, but NOTE this would be a bad paradigm for start-ups (D.D.C. 1995) Roeslin v. District of Columbia Roeslin writes computer program on his spare time, at his own cost, against supervisor’s orders massively streamlines duties (but duties don’t involve – programming) District adopts program and asserts ownership in it – Held: Not work for hire because outside scope of employment (even though made to benefit employer) FORMALITIES Analysis Publication, Notice, Registration, Deposit, Duration – Determine which Act Applies Published before Jan. 1, 1978 1909 Act Published before Mar. 1, 1989 1976 Pre-Berne Published Mar. 1, 1989 1976 Post-Berne Publication 1909 Publication when copyright owner consents to sale/dissemination of – original or tangible copies to the general public, or an authorized offer to do same 1976 is the distribution of copies of a work to the law public by – “Publication” sale or other transfer of ownership, or offer to do same. Public performance does not in and of itself constitute publication If claims common law copyright due to no publication, often takes huge Π publication for court to recognize if claims publication under statute, courts – Π easily find publication (American (2d Cir. 1956)) Visuals Distribution to a select group for a limited purpose is not publication Public performance generally not publication (King 200k people) – Same for distributing architectural plans for a bid Distribution to news media = select group for limited purpose (King) Forfeiture occurs when work is available to the public at without regard to who they are/what they do with it Notice 1909 Act Symbol (©) or “Copyright” Name of the copyright date of first publication
Focus on superintendent/mastermind of the work and objective intent of authors to combine the work – 9th Cir. rescues Δ for neglecting to K w/ Π Community for Creative Non-Violence v. Reid (1989) CCNV Reid to make nativity scene with homeless people Held: Reid is an IC, not employee, question whether CCNV is co-author – settled Aymes v. Bonelli (2d Cir. 1992) Aymes hired to create computer programs under Bonelli’s direction, no express agreement re copyrights Focus on bold Reid factors above – Held: Not employee – suggests tax/benefits are dispositive, but NOTE this would be a bad paradigm for start-ups Roeslin v. District of Columbia (D.D.C. 1995) Roeslin writes computer program on his spare time, at his own cost, against supervisor’s orders – massively streamlines duties (but duties don’t involve programming) – District adopts program and asserts ownership in it Held: Not work for hire because outside scope of employment (even though made to benefit employer) FORMALITIES Analysis – Publication, Notice, Registration, Deposit, Duration Determine which Act Applies Published before Jan. 1, 1978 1909 Act Published before Mar. 1, 1989 1976 Pre-Berne Published Mar. 1, 1989 1976 Post-Berne Publication 1909 – Publication when copyright owner consents to sale/dissemination of original or tangible copies to the general public, or an authorized offer to do same 1976 – “Publication” is the distribution of copies of a work to the law public by sale or other transfer of ownership, or offer to do same. Public performance does not in and of itself constitute publication If Π claims common law copyright due to no publication, often takes huge publication for court to recognize – if Π claims publication under statute, courts easily find publication (American Visuals (2d Cir. 1956)) Distribution to a select group for a limited purpose is not publication Public performance generally not publication (King – 200k people) Same for distributing architectural plans for a bid Distribution to news media = select group for limited purpose (King) Forfeiture occurs when work is available to the public at without regard to who they are/what they do with it Notice 1909 Act Symbol (©) or “Copyright” Name of the copyright date of first publication
Copyright%20Fromer%20Fall%202013.docx