fyi, here's how the Graphic Artist Guild describes the nine categories of
work that can be considered 'work for hire' under US copyright law:
* a contribution to a collective work (such as a magazine, newspaper,
encyclopedia, or anthology)
* a contribution used as part of a motion picture or audiovisual work
* a supplementary work, which includes pictorial illustrations, maps,
charts, etc., done to supplement a work by another author
* a compilation (new arrangement of preexisting works)
* a translation
* an atlas
* a test
* answer material for a test
* an instructional text (defined as a literary, pictorial or graphic work
prepared for publication and with the purpose of use in systematic
instructional activities.
Further, the GAG book says, "These criteria apply only to work done on
special order or commission by an independent contractor. If there is no
written agreement, or if the agreement does not specifically state that the
work is made for hire, or if it is not signed, or if the work does not fall
into one of the above categories, then there in no work for hire and the
artist automatically retains authorship recognition and copyright
ownership."
My recommendation (again, not as an attorney) would be that your friend go
back to the developer and either arrange to buy out the developer's rights,
or arrange to assure that the developer will make updates to the site on a
timely basis.
Suz
Suzanne Stephens, Dave Stephens Design; Ashland, Oregon
541-552-1190, 541-552-1192 http://www.KickassDesign.com/
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