Dynadot

Copyright law

Labeled as discuss in Legal Discussion started by dna, Nov 11, 2018.

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3
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218

  1. dna

    dna Established Member ★★★★★★★★★★

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    If you buy an original painting from a painter, you only own that one painting.
    You can't sell prints of your painting as the copyright of that painting
    still belongs to the painter, unless the painter signs the copyright
    of that painting over to you. The painter can sell prints of your painting as he
    still owns the copyright. I believe that the purchasers of logos in the Namepros
    Marketplace don't understand that the designer still owns the copyright
    to their logos.
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    Oh that's amusing. People are buying logos without getting a copyright assignment?

    Doh!
     
  3. kam

    kam Active Member VIP ★★★★★★★★★★

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    When the employer hire someone to do the painting job. I can tell you the employer will own the copyright of the painting job even the employee who accept the job is a freelance.

    More info: https://en.wikipedia.org/wiki/Work_for_hire

    According to copyright law in the United States and certain other copyright jurisdictions, if a work is "made for hire", the employer—not the employee—is considered the legal author.
    The entity serving as an employer may be a corporation or other legal entity, an organization, or an individual.
     
  4. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    Kam, that's just not correct.

    It is one of the most-frequently-misunderstood principles of US copyright law.

    Absent being an actual employee acting within the scope of employment, a contractor or freelancer's work is only considered to be a work for hire if it falls within one of the following categories (as is actually stated correctly in the Wikipedia article you mention):

    ------

    On the other hand, if the work is created by an independent contractor or freelancer, the work may be considered a work for hire only if all of the following conditions are met:


    • the work must come within one of the nine limited categories of works listed in the definition above, namely (1) a contribution to a collective work, (2) a part of a motion picture or other audiovisual work, (3) a translation, (4) a supplementary work, (5) a compilation, (6) an instructional text, (7) a test, (8) answer material for a test, (9) an atlas;
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