Please don't change Beastie to another crap logo such as
atkielski.anthony at wanadoo.fr
Fri Feb 11 14:40:31 PST 2005
Chad Leigh -- Shire.Net LLC writes:
> Their employers are paying them TO WORK on FreeBSD. They are not taking
> their code that they write for their employers and also sticking it in
> FreeBSD. Big difference.
Not if their work consists of writing code. In that case, the copyright
in the code belongs to their employer (in the U.S., and in a number of
other countries with similar provisions).
Under 17 USC 101:
"A 'work made for hire' is
(1) a work prepared by an employee within the scope of his or her
(2) a work specially ordered or commissioned for use as a
contribution to a collective work, as a part of a motion picture or
other audiovisual work, as a translation, as a supplementary work, as a
compilation, as an instructional text, as a test, as answer material for
a test, or as an atlas, if the parties expressly agree in a written
instrument signed by them that the work shall be considered a work made
for hire. [...]"
Note that a "collective work" is generally a book or a movie, not a
computer operating system:
"A 'collective work' is a work, such as a periodical issue, anthology,
or encyclopedia, in which a number of contributions, constituting
separate and independent works in themselves, are assembled into a
"Computer program" is separately defined, which means that it is not a
> In the first case, they are allowing it to happen and assign
> the copyrights as necessary.
Do they do this in writing before the code becomes a part of the
project? Do they have a written agreement with their employees that
explicitly waives their work-for-hire interest in the copyright?
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