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Archives: Employment Law

Copyright Challenges: Software as a Work for Hire?

Who Really Owns My Company’s Software, or How Does the Work for Hire Exception to the Copyright Act of 1976 Effect Computer Software? The Copyright Act of 1976 gives the author of a copyrightable work protection through Federal law. Generally, this means that the creator of the work enjoys intellectual property rights, including legal protection from infringement – meaning, protection against having someone else copy the work. However, there is a “work for hire” exception. This doctrine applies either (a) when employees create works within the scope of their employment, or (b) where someone (we’ll call this person the “employer”…

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NBA Websites Locked Out of Player Photos

Many fans are wondering why NBA.com and their favorite NBA teams’ websites no longer have pictures of current players. The Philadelphia 76ers website currently features an image of the late Armen Gilliam – a fitting tribute, but what most fans are expecting is images of today’s stars. The answer stems from the current lockout between the National Basketball Association and the corresponding players’ association. As a quirk of the lockout, teams can no longer show images of current players on official websites. A typical team website contains roughly 1,000 individual pages, which means that on the eve of July 1,…

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