Re: Is it Work for Hire if you are the employer, as well as the employee?
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Posted by M Arthur Auslander on May 03, 2002 at 23:54:22:
In Reply to: Is it Work for Hire if you are the employer, as well as the employee? posted by cenglishm on May 02, 2002 at 08:48:26:
: For 5 years I was a 50 percent partner in an advertising agency (the other partner also owned 50 percent of the corporation). Along with being an officer, my role was creative director. I drew a salary as well as collected owner's equity payments. During the six years I created many original illustrations and designs without the help of another person. Since I was the creative one, I was the one giving direction to, well, myself. And since I was a co-owner, I essentially provided myself the equipment I used and (50 percent of) the location.
: Note: We also had other creative employees who contributed their own work to our company portfolio, but not to my projects.
: The first question is: Given the circumstances, was the work I did "work for hire"?
: The second question is: If it is "work for hire", since the company no longer exists (it was dissolved a few months ago, and physical assets divided equally), who is the author?
Don't start with legal conclusions. What do you have and what do you want to use, and who owns what?
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
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