Re: Copyright Ownership

Subject: Re: Re: Copyright Ownership

Comments:
: : My query is regarding ownership as the author of a work that consists of original content, original art, interpretive compilation of publicly available works, and modified public graphical images. : : This work was developed while a 'temporary' employee under no written employment : : terms and/or agreements and separate from the 'verbally' agreed to reason of employment. : : The employer requested the development of the work be done in co-operation with other employees, during normal work hours, and using the employer’s technical resources. Verbal agreement at start of the work was that by performing the work, I would be provided gainful full time employment with a raise in salary. : : At completion of the work, the employer is not honoring the offer of full time employment, claims copyright ownership, and wants to market the work for profit. : : The work was actually developed with limited assistance from other employees and limited technical resources: : : : : - 30% of the work was developed during non-working hours at my home : : - 75% of the work was developed using my own computing and software resources, : : - 20% of the content was derived from contributions to by the employer and/or other employees : : - there is no 'written' employment agreements : : - my “verbal” employment as a temporary employee had no direct relation to the work : : As my 'temporary' employment is soon to end, and the promise of financial raise and full time employee status is no longer offered, do I have the right to take the 'work' with me under copyright protection? : Dear DD : Without taking professional responsibility, it looks like yes. : There is a lot of complexity. You should be advised by a competant IP specialist that you can trust. If cheap you can question the competance, if expensive there may be concern that the speciaist is working for himself. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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