Brent wrote:
>And so on. In any event, the statutes and case law make it pretty darn
>clear that a self-employed creative worker does not give up copyright of
>original material he creates for a client *unless* he signs some sort of
>instrument that explicitly defines the relationship as a work-for-hire one
Further, it's not work-for-hire unless it falls into one of the nine
categories I listed previously. You, can, however, assign any or all rights
to a project to the client in a written contract.
Typically, we would never assign ALL rights to the client. Instead, we
would, at very minimum, retain rights of print and online portfolio usage.
More importantly, do you understand that in assigning rights to the client
we are NOT saying our work is 'work for hire'? Instead, we are saying that
initially WE own all rights to our work, and in a written contract, we are
assigning a portion of these rights to the client. That's a whole different
ball of wax than saying that it's work for hire, the client automatically
owns the rights, so now we have to get on our knees and beg to get back the
right to display our work in our portfolio.
Suz
Suzanne Stephens, Dave Stephens Design; Ashland, Oregon
541-552-1190, 541-552-1192 http://www.KickassDesign.com/
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