On 14 Nov 2006 at 10:13, Mark D Lew wrote:

> By
> default, under American law, the copyright of any work for hire falls
> to the one who is hiring.  If a client hires you to write something,
> the resulting product belongs to him unless both parties agree
> otherwise.

Er, no, I think that's wrong. Work for hire is only work for hire if 
the contract explicitly specifies that it is. Otherwise, the creator 
owns the copyright. The exception is if you're an employee of a 
company and create the content as part of your daily work. Then it's 
work for hire without there being a contract, because it was created 
on time paid by the employer.

But an outside contractor always has the rights unless the work is 
explicitly identified contractually as work for hire. This is the 
case for writing and for computer programming. I can't see how it 
would be different for Finale.

The important thing is that the paying party specify what they think 
they are buying and that the creating party then price the product 
accordingly.

But the default is that the creator owns the copyright, not the other 
way around.

-- 
David W. Fenton                    http://dfenton.com
David Fenton Associates       http://dfenton.com/DFA/

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