Up Front Assessment Under Current Copyright Law Essay

Up Front Assessment: Under current copyright law, since Mr. Emerson co-created ASHLEY. Therefore, he has joint copyright ownership of ASHLEY unless a specific written agreement was attained by the professor assigning all rights to the professor. Assuming, Mr. Emerson was not a paid employee of the professor, then a work for hire claim cannot be made. Issue(s): Applicable Copyright Law/ Case Law: †¢ 17 U.S.C.  § 201(a) â€Å"†¦The authors of a joint work are co-owners of copyright in the work.† †¢ 17 U.S.C.  § 204(a) â€Å"A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.† †¢ Brandir International, Inc. v. Cascade Pacific Lumber Co. 834 F.2d 1142 (2d Cir. 1987) â€Å"†¦if design elements reflect a merger of aesthetic and functional considerations, the artist aspects of a work cannot be said to be conceptually separable from the utilitarian elements. Conversely, where design elements can be identified as reflecting the designer s artistic judgment exercised independently of functional influences, conceptual separability exists. Advice Concerning Copyrightable Elements of LESLIE Mr. Emerson has contacted us with the following concern: â€Å"Before working on LESLIE, Emerson worked as a graduate student research assistant for a professor of graphic design at the local university. Emerson helpedShow MoreRelatedEssay on The Five Phases of a LPO Relationship1662 Words   |  7 Pagestransition to a supplier what were core processes requires substantial upfront planning. 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