[AccessD] The Polyp Problem

Stuart McLachlan stuart at lexacorp.com.pg
Thu Jan 20 19:17:20 CST 2005


On 21 Jan 2005 at 0:52, MarkH wrote:

> Joe
> 
> Interesting US Law... Do you (or anyone else) know if the same applies
> to development contracts in the UK... I hope so :@)
> 

I just happened to be researching this topic yesterday for other reasons 
and came across this UK info:

http://www.jisclegal.ac.uk/ipr/IntellectualProperty.htm

<quote>
Who Owns The Copyright Subsisting In The Work?  (Copyright Ownership and 
Moral Rights)

The Default Owner: The person who created the work, unless the work was 
completed in the course of employment.

Employment and Ownership: Section 11 (2) of the 1988 Act provides that the 
copyright of works created during the course of employment will be owned by 
the employer unless an agreement to the contrary is in place.

Within a contemporary setting, it may not always be clear when an employer -
 employee relationship exists for the purposes of copyright ownership. 
Freelance workers and independent contractors are common within today's 
work place; can these people then be classified as employees? The 
apparently subtle difference between a contract of service and a contract 
for service assumes a strong significance with regard to determining 
copyright ownership.............. 
</quote>-- 
Stuart





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