TRANSITIONAL-GENEALOGISTS-FORUM-L Archives

Archiver > TRANSITIONAL-GENEALOGISTS-FORUM > 2012-04 > 1334415519


From: Caroline Gurney <>
Subject: Re: [TGF] Client querying copyright restriction
Date: Sat, 14 Apr 2012 15:58:39 +0100
References: <CAGD8=H_efXPtYfRz8jdPp222_Evq-u95nnUBc+2TGvA+rjwu4A@mail.gmail.com><4F8977E4.2060507@comcast.net> <002201cd1a48$ab732530$02596f90$@com>
In-Reply-To: <002201cd1a48$ab732530$02596f90$@com>


Thank you to everyone who has very kindly taken the trouble to reply
to me about this, both on and off list. I have now replied to my
prospective client along the lines I outlined in my original post.

Honey Ryan () wrote:

>My take on his objection was that this should be considered a work for hire. Since he commissioned the work, the copyright belongs to him.

Someone also mentioned this to me off list. Since I am UK based, the
relevant law is UK law. Under UK copyright law, work for hire only
applies to work created by employees. All freelance or commissioned
work belongs to the author, unless there is a contractual agreement to
the contrary. Out of interest, I also took a look at US law on work
for hire. Work for hire is defined as work by employees, or work by
non-employees in nine clearly defined categories, where both parties
agree beforehand to it being a work for hire. See:
http://www.copyright.gov/circs/circ09.pdf.

Karen Rhodes () wrote:

>I think you would do well to include the points you made here in your contract.

I have told my client that I am grateful to him for raising this
question; that I shall add a section to my website to explain the
legal situation; and that I shall attach an explanatory note on
copyright to future research agreements.

Caroline Gurney
www.carolinegurney.com


This thread: