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  • Subject: RE: work contracts inquiry
  • From: "Nathan M. Andelin" <nathanma@xxxxxxxxx>
  • Date: Tue, 3 Oct 2000 22:37:13 -0600


Bob Crothers Wrote:

>> Since you are an employee, ANYTHING you do relating (and I'm not
>> sure if it even has to relate!) to computers is owned by the company.
This
>> is standard copyright law like it or not.

Actually Bob, the language of the U.S. Statute is more specific:

"A work made for hire is a work prepared by an employee within the scope of
his or her employment".

>From my readings, the courts have never interpreted "within the scope of his
or her employment" to mean "ANYTHING you do".  But, I know some employers
would try to rationalize it.

It would be an uphill battle for an employer to claim that what an employee
does on his own time is still within the scope of his employment.  In order
to prove it, the employer would probably have to show work assignments that
directly pertain to the software in question.



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