Re: Copyright issues

         Under the "work for hire" doctrine of U.S. copyright law, the 
person (or company) who hires someone else to create a copyrightable work 
is, by law, the copyright owner of the work.  However, the "work for hire" 
doctrine only applies in limited circumstances.  (See the article, "What is 
a "Work Made for Hire"?" on GigaLaw.com at 
http://www.gigalaw.com/articles/loc-2000-02-p1.html .)

         If the work does not qualify as a work for hire, then someone 
other than the work's creator can obtain copyright ownership by 
"assignment," that is, a legal document transferring rights.  (See the 
article, "Ownership Issues in Copyright Law" on GigaLaw.com at 
http://www.gigalaw.com/articles/landau-2000-04-p1.html .)

         As stated above, this all applies under U.S. law.  If there is a 
question as to whether another country's laws could apply, then obviously 
those laws (or a lawyer experienced in the laws of the relevant country) 
should be consulted.

Doug Isenberg, Esq.
Editor & Publisher, GigaLaw.com (http://www.GigaLaw.com)
GigaLaw.com: "Legal information for Internet professionals"


At 12:32 PM 10/3/2001 -0400, Bjorn Van Simaeys wrote:
>Hello,
>
>
>I am currently exploring the steps to work together with a graphics
>designer. This person will design logo's and perhaps also page layouts for
>me. Legally, I've always known that the one who makes/designs something is
>automatically the owner of the copyright too. Therefore I would like to
>compose some kind of contract that states that the designer sells all his
>rights (pertaining to this 'image'-file) to me.
>
>What legal aspects should I include in this contract? I have contacted my
>lawyer in Belgium, but he hasn't a lot of experience with web-copyrights. He
>told me that I only had to state that the designer sells all his rights,
>pertaining to the work he made, to me. That's all?  ... Just want to make
>sure.
>
>
>Thanks
>Bjorn

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