 |
 |
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. Britt 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. > Need to leave or subscribe to the Sciart-L listserv? Follow the instructions at http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv