[Chicago] Work for Hire?

[Mike Werner]

Hi Pete,

I would suggest pricing your services to include the "work for hire"
included.  That way you could offer a discount if the client wasn't
interested in total ownership.

 

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Michael Werner

 

President

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Office 847 540 9484

 

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From: Chicago [mailto:chicago-bounces+laserschgo=comcast.net at python.org] On
Behalf Of Peter Fein
Sent: Thursday, January 03, 2013 9:08 AM
To: chicago at python.org
Subject: [Chicago] Work for Hire?

 

Getting rolling with my freelance software development business after a
short delay. Thanks again to everyone on this list for the advice & support,
it's been invaluable & deeply appreciated.

I wanted to ask about work for hire/copyright assignment clauses- I'm used
to seeing these as an employee, but it seems the rules are a bit different
for contract work. My generally awesome new lawyer said not to included it
in my contract, and to charge more if a client wants it. What's typical?

More on work for hire: basically, as an author, you retain full copyright in
your creations by default, even if they're commissioned (payer is granted a
license to use). With work for hire, you assign all rights to the client.

Http://en.wikipedia.org/wiki/Work_for_hire
http://www.keepyourcopyrights.org/copyright/rights/work-for-hire

After a bit more reading, it's not clear work for hire is even legally
applicable for software, and assigning rights like this may turn the
freelance relationship into an employee one?!

http://www.metrocorpcounsel.com/articles/9954/work-hire-doctrine-almost-neve
r-works-software-development-contracts
http://discuss.joelonsoftware.com/default.asp?biz.5.736364.4

Blech, copyright. Help?

Pete

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