But in the absence of a policy and a designated person, a court might come to a different
conclusion. They might consider it implied approval for not having a stated policy on IP
specifically... a real crap shoot.
On 1/28/15 11:30 AM, Lana Johnson wrote:
> From: Deb Haines <[log in to unmask] <mailto:[log in to unmask]>>
> Date: Wednesday, January 28, 2015 10:25 AM
> To: SciArt-L Illustration- <[log in to unmask] <mailto:[log in to unmask]>>
> Subject: Re: [SCIART] Rights for cellular biology illustration
> The short answer is no. The creator owns copyright to their works; the only exception is if they
> signed a work for hire agreement.
> Just like you cannot sign the rights of a car that belongs to another person without showing a Title
> of transfer. Ownership is the key. You create it...you own it...only you can determine how you wish
> the work may be used. This is not an "eminent domain" which deals with land use issues. :-)
> If the company owns the work only designated persons within the company may have contractual signing
> rights. If someone other than those parties sign...the contract would be null and void.
> Sent from Yahoo Mail on Android <https://overview.mail.yahoo.com/mobile/?.src=Android>
> From:"Jim Perkins" <[log in to unmask] <mailto:[log in to unmask]>>
> Date:Wed, Jan 28, 2015 at 11:17 AM
> Subject:Re: [SCIART] Rights for cellular biology illustration
> Good question. On the one hand, the courts might decide that the individual researcher has no
> authority to sign away the clinic's intellectual property. On the other hand, they might determine
> that the researcher, as an employee of the clinic, is acting as their agent and does have the right
> to sign away those rights. I'm not sure if that has ever been tested in the courts. Obviously it's
> better to just forbid the researchers from signing those agreements in the first place.
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