Comments on: Air Force DMCA-Bombs YouTube http://wendy.seltzer.org/blog/archives/2008/03/07/air-force-dmca-bombs-youtube.html Musings of a techie lawyer Sat, 17 May 2008 07:42:32 +0000 http://wordpress.org/?v=2.2.2 By: USLaw.com http://wendy.seltzer.org/blog/archives/2008/03/07/air-force-dmca-bombs-youtube.html#comment-3184 USLaw.com Tue, 11 Mar 2008 16:44:57 +0000 http://wendy.seltzer.org/blog/archives/2008/03/07/air-force-dmca-bombs-youtube.html#comment-3184 My understanding of independent contractor law is that the type of work product at issue in this case-- a television commercial-- was likely Work Done for Hire and therefore any 'property' ownership would reside with the contractee, not the contractor. Therefore, the Air Force, or Federal Government, as the party hiring the advertising agency would have 'ownership' of the material (were able to own the material). The advertising agency, as a contractor under Work Made for Hire, would not have any copyright to assign. My understanding of independent contractor law is that the type of work product at issue in this case– a television commercial– was likely Work Done for Hire and therefore any ‘property’ ownership would reside with the contractee, not the contractor. Therefore, the Air Force, or Federal Government, as the party hiring the advertising agency would have ‘ownership’ of the material (were able to own the material). The advertising agency, as a contractor under Work Made for Hire, would not have any copyright to assign.

]]> By: anon http://wendy.seltzer.org/blog/archives/2008/03/07/air-force-dmca-bombs-youtube.html#comment-3176 anon Sat, 08 Mar 2008 22:29:58 +0000 http://wendy.seltzer.org/blog/archives/2008/03/07/air-force-dmca-bombs-youtube.html#comment-3176 It's so awesome that when I saw Wendy's blog on Techmeme, I automatically knew it was this blog despite not having visited this since the NFL debacle. Very interesting. It’s so awesome that when I saw Wendy’s blog on Techmeme, I automatically knew it was this blog despite not having visited this since the NFL debacle.

Very interesting.

]]> By: Television Archiving » Blog Archive » links for 2008-03-08 http://wendy.seltzer.org/blog/archives/2008/03/07/air-force-dmca-bombs-youtube.html#comment-3175 Television Archiving » Blog Archive » links for 2008-03-08 Sat, 08 Mar 2008 22:18:29 +0000 http://wendy.seltzer.org/blog/archives/2008/03/07/air-force-dmca-bombs-youtube.html#comment-3175 [...] Wendy’s Blog: Legal Tags » Air Force DMCA-Bombs YouTube More abuse of copyright law: ‘we’ own this stuff. (tags: copyright chillingeffects government video) [...] […] Wendy’s Blog: Legal Tags » Air Force DMCA-Bombs YouTube More abuse of copyright law: ‘we’ own this stuff. (tags: copyright chillingeffects government video) […]

]]> By: Scott Matheson http://wendy.seltzer.org/blog/archives/2008/03/07/air-force-dmca-bombs-youtube.html#comment-3172 Scott Matheson Sat, 08 Mar 2008 17:09:45 +0000 http://wendy.seltzer.org/blog/archives/2008/03/07/air-force-dmca-bombs-youtube.html#comment-3172 Great analysis - thanks for pointing out the contractor/assignment loophole that has the potential to undermine the spirit of and policy goals behind §105. Our tax dollars pay for it, it should stay in the public domain! Great analysis - thanks for pointing out the contractor/assignment loophole that has the potential to undermine the spirit of and policy goals behind §105. Our tax dollars pay for it, it should stay in the public domain!

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