Author: Slater Wold
Date: 20:54:15 05/03/02
Go up one level in this thread
On May 03, 2002 at 23:45:22, Jeremiah Penery wrote: >This seems to be an issue of contracting a work vs. commissioning a work. In >general, an author under contract to write "one or more books" without >guidelines retains copyright on those books, while an author who is commissioned >to write a specific book, with some guidelines, does not retain copyright. I'm >sure this can be altered by the specific contract between the two parties. > >Unfortunately, it can be difficult to define "commissioned work" accurately. >Textbooks and reference books are mostly commissioned works, most other books >aren't. Is the Rebel book a commissioned work, or simply a contracted one? >Maybe that's the important question here. Let me reinterate: "Although the general rule is that the person who creates the work is its author, there is an exception to that principle; the exception is a work made for hire, which is a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned in certain specified circumstances. When a work qualifies as a work made for hire, the employer or commissioning party is considered to be the author." The key being "..or a work specially ordered or commissioned.." Specially ordered work is contract work. Commissioned work is commissioned work. Bottom line, if Ed and Christophe approached Noomen and asked for a book, in return for money, the book belongs to them. While I am not 100% certain they did, my guess would be this is what happened. I am 100% certain Noomen HAS been compensated for his work. Besides, I was just making the point, it is a VERY real possibility that the book doesn't even belong to Noomen.
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