Re: What happened to Howard Rogers ?

There are laws that are in effect without you having to sign papers. I'm no lawyer and I do understand that just because it appears on some website a statement isn't necessarily true ( we all should be very well aware of that with all the advice about hit ratios and extent fragmentation on myriads of websites ), but here are two excerpts:

Source: http://copylaw.com/new_articles/wfh.html

B. Works Created by Traditional Employees

A work created by an "employee" within the scope of his or her employment is automatically considered a work for hire. These works do not have to fall into one of the nine narrow statutory categories of works for hire and no written agreement is required. Typically, "work for hire" situations involve independent contracts, not employee-employer situations

C. Independent Contractor of Employee?

The term "employee" is a legal term of art without precise definition. However, a worker is most likely to be classified as an employee if the person who employs her has the legal right to control the "method and result" of her work; provides her with tools; pays her on a daily, weekly or monthly basis; and can fire her. The IRS use a 20-part test, applicable for copyright purposes, to distinguish between employees and independent contractors.

Unlike specially commissioned works, for works where a traditional employee-employer relationship exists, no work for hire agreement is needed. However to avoid any ambiguity, itŐs a good idea to include a well-drafted statement in the employment agreement acknowledging that any work created in the scope of employment will be considered a work for hire. The employment agreement can also include non-competition and non-disclosure provisions to protect your business's trade secrets. Received on Sun Oct 26 2003 - 09:14:25 CST