[Chicago] Work for Hire?

[Adam "Cezar" Jenkins]

I know that typically the arrangement for webdev is that work you do
is under your copyright. Then at the end of the contract you sell
those rights on contract completion. It's typically done this way so
that you have leverage. If the client doesn't pay. You have the right
to take down the site since it's all your copyright.

Of course IANAL, and I don't do much contract work.

On Thu, Jan 3, 2013 at 9:07 AM, Peter Fein <pete at wearpants.org> wrote:
> Getting rolling with my freelance software development business after a
> short delay. Thanks again to everyone on this list for the advice & support,
> it's been invaluable & deeply appreciated.
>
> I wanted to ask about work for hire/copyright assignment clauses- I'm used
> to seeing these as an employee, but it seems the rules are a bit different
> for contract work. My generally awesome new lawyer said not to included it
> in my contract, and to charge more if a client wants it. What's typical?
>
> More on work for hire: basically, as an author, you retain full copyright in
> your creations by default, even if they're commissioned (payer is granted a
> license to use). With work for hire, you assign all rights to the client.
>
> Http://en.wikipedia.org/wiki/Work_for_hire
> http://www.keepyourcopyrights.org/copyright/rights/work-for-hire
>
> After a bit more reading, it's not clear work for hire is even legally
> applicable for software, and assigning rights like this may turn the
> freelance relationship into an employee one?!
>
> http://www.metrocorpcounsel.com/articles/9954/work-hire-doctrine-almost-never-works-software-development-contracts
> http://discuss.joelonsoftware.com/default.asp?biz.5.736364.4
>
> Blech, copyright. Help?
>
> Pete
>
>
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