Re: Re: Can a previously unknown Technique/Style now being used be basis of infringement of copyright??

Subject: Re: Re: Re: Can a previously unknown Technique/Style now being used be basis of infringement of copyright??

Comments:
: : The following is what I was told by a representative in these matters. : : I hope it is of some help and use to some one who might find themselves in such a situation: : : The key questions about the issues you sent me are: : : 1 In what way were you working for the company? If as an employee, : : then what you did was theirs. If as a self-employed person on a service : : contract, then the copyright is yours, unless your contract passed the : : copyright over to them. : : 2 Did you show then drawings, designs etc in the first discussions? : : Or did you just describe the ideas? If you showed them designs, did you : : leave the designs with them? Or did you take them back? If you only : : described the ideas, then you have little room to claim copyright; it is : : just an idea. Copyright attaches to things: drawings, writing, models, : : photographs, instructions etc. If it was in some material form, and you : : left drawings/designs/instructions written with them, then you may have a : : stronger case. : : If you were employed or did not produce any drawings, then copyright can : : easily be disputed by them. : : 3 So, the final question is one of fact: is the new approach a copy : : of the first? That is a matter of fact, not of opinion. You may see the : : similarity because of your prior relationship. Others might not. If you : : made mistakes in the design and those were incorporated by them, then you : : stand a better chance. : 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 : 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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