At 12:33 AM -0600 10/25/07, Noel Stoutenburg wrote:
John Howell wrote:
I don't believe there's any such provision, but since I may be
wrong, could you tell me where in the copyright law you found this
information. I was under the impression that "work for hire" was
recognized as one of the several rights of the copyright owner much
earlier, which would push it back to the 1909 revision. And I've
never seen that 125 year figure, either. More information, please.
I've admitted in a different email that I was off in the 125 figure.
That was either a result of a speck on my glasses, or a brain fault.
Thank you; I feel less ignorant!
With respect to when the concept of a "work for hire" was created,
it seems unlikely to date back so far as 1909, as that uniformly
provided for a single term of copyright (and possibility of renewal)
based upon date of publication.
Date of publication OR REGISTRATION, to be technical. But I wasn't
thinking so much of copyright terms, about which you are entirely
correct, but of the fact that creation of a "derivative work,"
whether for hire or not, is one of the rights reserved to the
copyright owner, whose permission is required for such a "derivative
work" to be made. Yes, that derivative work (let's call it an
arrangement) carries its own copyright but that copyright is in the
name of the copyright owner of the underlying work unless some other
arrangement is made in writing.
The use of date of creation became a factor in the copyright act of
1976, and did not exist before then.
Correct, mostly. There were hazy areas involving unpublished works
which I still don't entirely understand. But there were both
derivative works and works made for hire long before 1/1/78.
John
--
John R. Howell
Virginia Tech Department of Music
College of Liberal Arts & Human Sciences
Blacksburg, Virginia, U.S.A 24061-0240
Vox (540) 231-8411 Fax (540) 231-5034
(mailto:[EMAIL PROTECTED])
http://www.music.vt.edu/faculty/howell/howell.html
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