Don't mind you contradicting him at all Warren. Your source looks more reliable than mine.
Plus, I take great delight in pointing out when he's wrong myself. Forwarding those sources on to him now. ;) On Wed, Jun 26, 2013 at 12:02 PM, Warren Seen <[email protected]> wrote: > I hate to contradict your family member Craig, but as far as I've been > informed, and can find online, Phil's right, we follow the same principle > here, in which independent contractors DO own the copyright to their work, > unless they complete some form of copyright assignment to the client. > > sources: > http://www.davies.com.au/content/37/iplaw/copyright > > http://www.business.gov.au/BusinessTopics/Independentcontractors/Documents/Independentcontractorstheessentialhandbook.pdf(p20) > > "Without a written contract that attributes ownership of IP to your hirer, > you will automatically own the IP. If your hirer wishes to own the IP, this > must be specifically outlined in the contract. You may wish to seek legal > advice about clauses relating to IP before signing the contract." > > This is different for employees, where the copyright DOES go to the > employer automatically. > > Again, this is all speaking from personal research, and with no legal > background - I guess at the end of the day, this just underlines the fact > that you shouldn't rely on people on the internet for legal advice, as > you'll get a multitude of opinions. :) > > On 26/06/2013, at 11:44 AM, Phil Oye <[email protected]> wrote: > > > IANAL either, but that is consistent with my understanding. > > > > In the US, this is called "Work For Hire". Normally authors retain > copyright, UNLESS it is work for hire, then the employer retains the > copyright. > > https://en.wikipedia.org/wiki/Work_for_hire > > > > This makes intuitive sense to me. Otherwise, you would need to > explicitly license the work to the client otherwise they have no rights to > it even though they paid for it. > > > > p. > > > > On 26/06/2013, at 11:11 AM, Craig Read <[email protected]> wrote: > > > >> IANAL, but I have one in the family who specialized in IP and asked him > the question. > >> > >> His response was to assume they own everything as you produced the work > for them, unless you verbally agreed otherwise. > >> > >> > >> On Wed, Jun 26, 2013 at 10:19 AM, Sebastian Porto <[email protected]> > wrote: > >> Hi All > >> > >> Hopefully someone in the list can clarify this for me. Let's say that > you do contract work for a client but there is never a signed contract, > just the invoices to prove that the work was done. > >> > >> Are the IP and the code two different issues? Who owns the IP for this > work? Who owns the code? Morality aside, what will hold in a court of law? > >> > >> Thanks > >> Sebastian > >> > >> -- > >> You received this message because you are subscribed to the Google > Groups "Ruby or Rails Oceania" group. > >> To unsubscribe from this group and stop receiving emails from it, send > an email to [email protected]. > >> To post to this group, send email to [email protected]. > >> Visit this group at http://groups.google.com/group/rails-oceania. > >> For more options, visit https://groups.google.com/groups/opt_out. > >> > >> > >> > >> > >> > >> -- > >> Craig Read > >> > >> @Catharz > >> https://github.com/Catharz > >> http://stackoverflow.com/users/158893/catharz > >> > >> -- > >> You received this message because you are subscribed to the Google > Groups "Ruby or Rails Oceania" group. > >> To unsubscribe from this group and stop receiving emails from it, send > an email to [email protected]. > >> To post to this group, send email to [email protected]. > >> Visit this group at http://groups.google.com/group/rails-oceania. > >> For more options, visit https://groups.google.com/groups/opt_out. > >> > >> > > > > -- > > You received this message because you are subscribed to the Google > Groups "Ruby or Rails Oceania" group. > > To unsubscribe from this group and stop receiving emails from it, send > an email to [email protected]. > > To post to this group, send email to [email protected]. > > Visit this group at http://groups.google.com/group/rails-oceania. > > For more options, visit https://groups.google.com/groups/opt_out. > > > > > > -- > You received this message because you are subscribed to the Google Groups > "Ruby or Rails Oceania" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to [email protected]. > To post to this group, send email to [email protected]. > Visit this group at http://groups.google.com/group/rails-oceania. > For more options, visit https://groups.google.com/groups/opt_out. > > > -- Craig Read @Catharz https://github.com/Catharz http://stackoverflow.com/users/158893/catharz -- You received this message because you are subscribed to the Google Groups "Ruby or Rails Oceania" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. Visit this group at http://groups.google.com/group/rails-oceania. For more options, visit https://groups.google.com/groups/opt_out.
