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Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca Jan 2015

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Faculty Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca Jan 2015

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca Jan 2015

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Law Faculty Scholarship

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …


Libel And Slander - Implied Representation That Plaintiff Consented To Write Her Love Story As Libel Per Se, Michigan Law Review Jan 1941

Libel And Slander - Implied Representation That Plaintiff Consented To Write Her Love Story As Libel Per Se, Michigan Law Review

Michigan Law Review

Plaintiff brought an action for libel against defendant for publishing in its magazine a story, which it represented as being written by plaintiff, purporting to relate indiscreet intimacies between plaintiff and a certain man. Defendant admitted the false representation of authorship, but requested a directed verdict after submitting in evidence testimony given by plaintiff in a prior law suit, in which she was said to have admitted intimacies fully as capable of bringing her into disrepute as were those published by defendant. On refusal by the court to direct a verdict, defendant excepted and appealed on the ground that the …