Thanks for the feedback. I contacted a lawyer and this was his response--I'm including
it in case anyone else was wondering about this issue:
"As for the copyright issue, I think the question is not whether you created it on
company time but whether you created it within the scope of your employment (ie,
whether the company was the motivating factor in its creation). If you created
it outside the scope of your employment, it's yours. If within such scope, it's
the company's exclusively (unless you two have expressly agreed otherwise). I'm
sure there's all sorts of ambiguous middle ground, but that's the general rule."
thanks again,
Alexandra
-----Original Message-----
From: Diane Gutenkauf <[log in to unmask]>
Sent: Jul 22, 2004 8:31 AM
To: [log in to unmask]
Subject: Re: lesson plans intellectual property?
Careful, careful. The document does have a copyright (uh, please note
spelling), HOWEVER, the question here is who owns that right.
If a work is created by an employee on company time, generally the work is
the property of the EMPLOYER. This law covers everything from computer code
written by a programmer to artwork created by a staff graphic designer.
The issue here is the nature of the employment and compensation agreement
between the author and the gallery.
The author may not be entitled to compensation legally. Her arrangement
with the gallery may affect this.
All of these issues are best decided by someone with professional expertise
in copyright law. Talk to a lawyer.
Regards,
Diane Gutenkauf
Former Registrar
You know "registrar" as in one-who-suffers-with-reproduction-rights-issues
On Thu, 22 Jul 2004 06:58:13 -0500, Doug Swain <[log in to unmask]>
wrote:
>It is copywrited if you wrote it, more protected if you lable it with TM.
>More protected if you put a disclaimer at the bottom that reads do not
>duplicate without written permission from the author.
>
>-----Original Message-----
>From: Museum discussion list [mailto:[log in to unmask]]On
>Behalf Of Alexandra Carrera
>Sent: Wednesday, July 21, 2004 6:09 PM
>To: [log in to unmask]
>Subject: lesson plans intellectual property?
>
>
>I have developed a curriculum that uses art from our gallery in a
>visual arts/language arts unit. Several people have asked to buy
>my lesson plans and I'm in the process of creating a lesson
>packet we can sell. However, a teacher friend recently suggested
>I ought to protect ownership of the curriculum and make sure
>I am compensated from my "intellectual property" (she suggested I should
>get a large lump sum from the gallery and then lesson plan proceeds can
>all go to the gallery)
>I find it all rather confusing and welcome any advice anyone out there
>can give me.
>Thanks in advance,
>Alexandra
>
>Alexandra Carrera
>Education Coordinator
>323-466-2157 ext 21
>
<snip>
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Alexandra Carrera
Education Coordinator
323-466-2157 ext 21
Gallery Hours: Tuesday - Friday 10 am to 4 pm
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2004 OPEN SUNDAYS: July 11 - Martin Espino (bamboo flutes), August 8 - Family Fun Fest & Raffle (community banner) , September 12 - Jaye Moscariello (instant storytelling) October 3 - Xavier Fumat (dry point printing), November 14 (TBA), December 5 (TBA)
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