[Copyright] Architectural Drawings. Etc.

[daniel at keganlaw.com]

Need not focus only on WFH. Partnership, If win, agreement to for a new entity and assign equity and rights from and to it, etc.
Daniel Kegan

> On Apr 19, 2024, at 3:58 PM, Jessica R. Friedman <jrfriedman at litproplaw.com> wrote:
> Craig is right. Architectural drawings are not one of the categories of works that qualify as works for hire commissioned from non-employees.
>  
> Jessica R. Friedman
> Attorney at Law
> 300 East 59 Street, Ste. 2406
> New York, NY 10022
> Phone: 212-220-0900
> Cell: 917-647-1884
> E-mail: jrfriedman at litproplaw.com <mailto:jrfriedman at litproplaw.com>
> URL: www.literarypropertylaw.com <http://www.literarypropertylaw.com/>
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> <image001.png>
>  
>  
> From: Copyright <copyright-bounces at oppedahl-lists.com <mailto:copyright-bounces at oppedahl-lists.com>> on behalf of daniel--- via Copyright <copyright at oppedahl-lists.com <mailto:copyright at oppedahl-lists.com>>
> Date: Friday, April 19, 2024 at 3:42 PM
> To: Oppedahl Carl <copyright at oppedahl-lists.com <mailto:copyright at oppedahl-lists.com>>
> Cc: daniel at keganlaw.com <mailto:daniel at keganlaw.com> <daniel at keganlaw.com <mailto:daniel at keganlaw.com>>
> Subject: Re: [Copyright] Architectural Drawings. Etc.
> 
> What about possible contract among the authors—where contract includes course of dealing of the parties,
> custom of the trade, behavior of the parties, etc. Some or all of the group of collaborating independents might
> have some history together.
>  
> Daniel Kegan *  <daniel at keganlaw.com <mailto:daniel at keganlaw.com>>
> KeganLaw * Counsel to Counsel™ * <http://www.keganlaw.com <http://www.keganlaw.com/>>
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> 
> On Apr 19, 2024, at 12:00 PM, copyright-request at oppedahl-lists.com <mailto:copyright-request at oppedahl-lists.com> wrote:
> Message: 3
> Date: Thu, 18 Apr 2024 13:11:19 -0700
> From: <cmlaw at jps.net <mailto:cmlaw at jps.net>>
> To: "'Cumbow, Bob'" <Robert.Cumbow at millernash.com <mailto:Robert.Cumbow at millernash.com>>, "'For copyright
> practitioners. This is not for laypersons to seek legal advice.'"
> <copyright at oppedahl-lists.com <mailto:copyright at oppedahl-lists.com>>
> Subject: Re: [Copyright] Architectural Drawings. Etc.
> Message-ID: <c15a01da91cc$941a5300$bc4ef900$@jps.net <mailto:c15a01da91cc$941a5300$bc4ef900$@jps.net>>
> Content-Type: text/plain; charset="utf-8"
> 
> My understanding of copyright law, ?work for hire? does not apply to architectural drawings unless it was within scope of employment.  Team was comprised only of independent contractors and there was no employment relationship or other agreement among them, including as to ownership.  Joint owners are entitled to pro rata share of benefits derived by any owner.
> 
> Craig McLaughlin
> 
> Seal Beach, CA

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