Copyright and work made for hire

Costello, James

doi:10.1109/52.281721

Cited by 3 publications

(3 citation statements)

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“…Typically, a copyright is owned by the author of the work. However, it is also possible that the copyright is owned by the author's employer (i.e., work for hire) [8]. Depending on the business and employer relationship, it can be difficult to determine the copyright owner (e.g., for independent contracting).…”

Section: Copyrightmentioning

confidence: 99%

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Intellectual property aspects

2021

Promoting Access to Medical Technologies and Innovation, 2nd Edition

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This paper addresses how intellectual property affects the Web in general, and content publishing on the Web in particular. Before its commercialization, the Web was perceived as being free and unregulated-this assumption is no longer true. Nowadays, content providers need to know which practices on the Web can result in potential legal problems. The vast majority of Web sites are developed by individual such as technical writers or graphic artists, and small organizations, which receive limited or no legal advice. As a result, these Web sites are developed with little or no regard to the legal constraints of intellectual property law. In order to help this group of people, the paper tries to answer the following question: What are the (typical) legal issues for Web content providers to watch out for? This paper gives an overview of these legal issues for intellectual property (i.e., copyrights, patents, and trademarks) and discusses relevant law cases. As a first step towards a more formal risk assessment of IP issues, we introduce an IP maturity model that captures a Web site's IP coverage with five different maturity levels.

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Section: Copyrightmentioning

confidence: 99%

“…This allows an assessment of the current state of the Web site's IP maturity, but ignores the process by which the maturity level has been achieved. 8…”

Section: An Ip Maturity Modelmentioning

confidence: 99%

Intellectual property aspects

2021

Promoting Access to Medical Technologies and Innovation, 2nd Edition

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“…In the absence of a legal agreement, copyright is owned by the creator. It is possible (depending on the applicable jurisdiction's IP laws) for the copyright to be owned by the author's employer (i.e., work for hire -see Costello (1994) for a discussion of this issue in the software industry). When there is no explicit agreement, and depending on the business and employer relationship, it might be difficult (and contentious) to determine who the copyright owners are.…”

Section: Copyright Ownershipmentioning

confidence: 99%

Managing legal risks associated with intellectual property on the web

Kienle

Germán

Tilley

et al. 2008

IJBIS

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Intellectual Property (IP) has taken a prominent place on the web. Today's organisations need to know the ways in which their websites can be the target of costly IP litigation. Organisations also need to know how to manage and protect their own IP that they expose through their web presence. This paper provides an overview of the legal risks associated with IP on the web. Managing such risks begins with gaining a clear understanding of how to address the salient issues related to IP that any organisation has to take into account when it has a web presence or provides a service using the web. Towards this end, a comprehensive survey of existing IP case law in the context of web content is provided. The survey focuses on three essential IP areas: copyright, patents, and trademarks.

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