But we were speaking of self-employed engravers, so I was thinking of a self-employed secretary doing work for clients. To compare a self-employed anybody to a corporate-employed anybody is definitely to compare apples to oranges.
John Howell wrote:
I'm afraid, David, that in the real world any secretary who claimed such a right would be in the unemployment office the next day. A secretary is hired to do a job involving a range of services, probably with a job description that may or may not accurately reflect his/her actual duties, and likely with a set of objective standards (hah!) to measure his/her effeciency. Some of ours are worded like this: "Forwards mail and telephone contacts to the correct person 90% of the time within 24 hours." Burocrats think like that! How would you like a measure like that of your skill in engraving with Finale?
A secretary is not hired to produce printed output, but to perform all needed services covered by the job description. A secretary has no ownership of his/her "work product," and I doubt that any lawyer would make such a claim. OK, I take that back; any lawyer will make any claim for money. This is yet another situation which is not "just like engraving music."
John
David H. Bailey replied:
Well, a secretary hired to provide correctly typed and printed output can very well claim that the Word files are her property. The files themselves are merely one aspect of the process, and if she isn't hired to provide the steps of her process, then they remain outside the realm of the contract. Her contract would be to return the originals and the printed final copy, and that is all she could legally be required to provide.
Johannes Gebauer wrote:
On 12.07.2003 19:45 Uhr, Christopher BJ Smith wrote
Yes. The composer already has the MUSIC; what he is asking for is the Finale date, which is work that the engraver has done, kind of like asking a typist for the proofs. He can't have the file unless he pays for it.
Well, a secretary asked to type a Word Document couldn't claim that the Word
documents itself were here property, could she? Granted, if it involved
graphic work that is more than just typing texts, that may be a different
situation, but in this case all that's asked for is the music data, not the
art work.
Johannes
-- David H. Bailey [EMAIL PROTECTED]
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