Jeffrey Fisher on 3 Aug 2000 14:32:02 -0000


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[Nettime-bold] Re: <nettime> intellectual property, Hollywood style


this work made for hire thing is something freelance writers are fighting
more and more and in more and more venues. virtually all contracts signed
through third-party employment firms are work-made-for-hire, for instance.

even as a full-timer at a hip internet consulting company, basically
everything i think is owned by my employer. makes me wary of being too
terribly creative on the side, if you see what i mean. my life is work made
for hire.

huh. i wonder if i should be saying this in public with my name attached.
oh, well.

> From: [email protected] (Lev Manovich)
> Date: Thu, 27 Jul 2000 17:43:39 -0700
> To: [email protected]
> Subject: <nettime> intellectual property, Hollywood style
> 
> Do you think that after the Net, memes, open source and other similar
> phenomenons/concepts/movements, the issues of copyright and intelectual
> property belong to the twentieth century?
> 
> Not quite yet.
> 
> The following comes from the contract recently offered to me by a Holywod
> company: 
> 
> "OWNERSHIP.
> 
> Writer hereby agrees that the Works are considered a "work made for hire."
> As between Writer and Producer, the Works (including any ideas, written
> materials, and copyrights thereto) and all rights therein shall be the
> sole property of Producer, and Producer may publish, broadcast, exhibit,
> transmit, use and/or exploit the Works in whole or in part, in perpetuity,
> for any purpose, in any manner and through any media, whether now known or
> hereafter devised, throughout the world, in all languages, as Producer in
> its sole discretion shall determine.  Writer hereby acknowledges that none
> of the Works constitute a work of fine art, and hereby waives all moral
> rights, if any, associated with the Work.  Writer hereby irrevocably
> assigns and transfers to Producer all right, title and interest of every
> kind and character throughout the world and in perpetuity, in any and all
> languages, which Writer now has or may be deemed to have in the Works,
> including but not limited to any ideas, material, original works of
> authorship, and copyrights thereto, whether oral or in writing.  Writer
> hereby agrees to take, at all times hereafter, all action and sign and
> deliver all documents as Producer may reasonably request in order to vest
> or perfect in Producer all of such right, title and interest in the Works
> and to permit Producer to protect such intellectual property.  Writer
> hereby irrevocably designates and appoints Producer as Writer's agent and
> attorney-in-fact to take such action and sign such documents on behalf of
> Writer in order to vest and perfect such right, title and interest in the
> Works and to permit Producer to protect such intellectual property. The
> assignment in this Section 6 shall not apply to any invention or right
> which Writer is entitled to pursuant to the terms of California Labor Code
> Section 2870 or any successor provision."
> 
> 
> 
> 
> --------------------------------------------------------------
> Dr. Lev Manovich
> Associate Professor
> http://visarts.ucsd.edu/~manovich
> email: [email protected]
> phone: +1-858-822-1012  / fax: +1-858-534-7976
> 
> address:
> University of California -- San Diego
> Visual Arts Department, 0084,
> 9500 Gilman Drive, La Jolla, CA 92093-0084, U.S.A.
> 
> 
> 
> 
> 
> 
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