employee Archives | Thomas B. James Esq.

Are works created by federal government employees in the public domain?

Yes. Works created by federal employees in the course of the employment are in the public domain. Works created for the federal government by independent contractors, on the other hand, are not necessarily in the public domain. Works the federal government acquires through transfers of ownership are not necessarily in the public domain either

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What is in the public domain?

Tom James

Anything that is not protected by copyright is in the public domain. This includes: Unprotectable subject matter (facts, information, ideas, methods, processes, inventions, titles, names, slogans, short phrases, common geometric shapes, familiar symbols, unoriginal compilations systems (e.g., ordering things alphabetically), works created by U.S. government employees, natural objects formed or shaped by natural forces without

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Do employees own the copyrights in the works they create on their own time?

Tom James

Employees usually own the copyrights in works they create on their own time, using their own resources, outside the scope of their employment duties. If the work is created during business hours, using company resources, or relates directly to the employee’s job, however, it may be considered a “work made for hire.” The employer owns

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What is a “work made for hire”?

Tom James

A work made for hire is a work that is either: (a) Created by an employee within the scope of the employment; or (b) A specially commissioned work that is created by an independent contractor pursuant to a signed, written “work for hire” agreement and that is in one of the categories listed in the

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Who initially owns the copyright in a work?

Tom James

The author initially owns the copyright in the work. In most cases, the author is the person who actually creates the work. In the case of a work made for hire, however, the employer or person who specially commissions the creation of the work is deemed the author.