On Nov 14, 2006, at 5:29 PM, David W. Fenton wrote:
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.
Thanks for setting me straight on this. For some reason I was certain
that work by an independent contractor for work-for-hire by default,
but now after some quickie research I see was mistaken. It's a little
more complicated than you describe here, but your information is
basically correct and mine was definitely wrong.
A good analysis of determining work-for-hire status is here:
<http://www.keytlaw.com/Copyrights/wfhire.htm>.
mdl
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