Re: Re: Can a previously unknown Technique/Style now being used be basis of infringement of copyright??
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Posted by M. Arthur Auslander on February 05, 2001 at 04:44:24:
In Reply to: Re: Can a previously unknown Technique/Style now being used be basis of infringement of copyright?? posted by Lorraine Cassell on February 04, 2001 at 05:03:31:
: The following is what I was told by a representative in these matters.
: The key questions about the issues you sent me are:
: 1 In what way were you working for the company? If as an employee,
: 2 Did you show then drawings, designs etc in the first discussions?
: If you were employed or did not produce any drawings, then copyright can
: 3 So, the final question is one of fact: is the new approach a copy
Dear Lorainne Cassell,
In the US mere employment does not transfer rights. The nature of the employment and/or the written employment agreememt are determinative. In instances a factor may be the use of the employer's facililties.
M. Arthur Auslander
The Intellectual Property Law Server
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