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Re: ISSUE: incoming 5: work for hire



I've taken the liberty of including this comment in #1539, since it seems that the two issues-as-stated will be solved by the same careful crafting of language.

                  Harald

Black_David at emc.com wrote:
Someone (Jorge?) should double-check that -incoming
is consistent with the operation of the "work for hire"
principle of copyright law, which essentially assigns
copyright in anything created by an employee as part
of his/her job responsibilities to his/her employer.

This is mentioned in Section 2 and there is enough
usage of "sponsored by", "organization the Contributor
represents" and the like in Section 5 to indicate
that "work for hire" has been considered and -incoming
is probably ok, but an opinion from an actual lawyer
would be helpful.

There may be a need for the submission tool to give
enough notice of "work for hire" in plain language
(i.e., not legalese) to a submitter in order to ensure
that section 5.6.c of -incoming applies to someone who
doesn't have their employer's permission to submit,
but submits anyway.

Thanks,
--David
----------------------------------------------------
David L. Black, Distinguished Engineer
EMC Corporation, 176 South St., Hopkinton, MA  01748
+1 (508) 293-7953             FAX: +1 (508) 293-7786
black_david at emc.com        Mobile: +1 (978) 394-7754
----------------------------------------------------

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