Midterm Exam : Case Study

1284 Words Mar 30th, 2015 6 Pages
M4A1 Midterm Exam: Case Study

Question I: What is your contribution to this discussion? Derek Evans previously worked for a small computer firm that specializes in creating software for management tasks. While Derek Evens was there, he was a main contributor in designing an innovative software system for customer services. This software system is essentially the "lifeblood" of the firm (Davis, Schiller & Wheeler, 2011). When I first read this initial question, I believed it to be quite cut-and-dried. But this was before doing the research; I thought if Derek Evens was being employed as a programmer by the small company, then any intellectual property he created on company time would naturally belong to his original small company. However, I located some resources that implied that the programmer is typically the owner, except when the work-for-hire rules apply (Jassin, 2014). Moreover, if Derek does not have an employment contract and created the innovative software system for customer services in the scope of his employment, then U.S. copyright law includes a statutory provision called the "work made for hire" doctrine. This would allow the employer and not the programmer to own the work created by Derek Evens within the scope of his employment. Since Derek Even’s original company is considered the creator of the work, then this company owns the full copyright to the innovative software system for customer services, under Section 201 (b) of the 1976 Federal Copyright Act…

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