[FWD: RE: [Ebxmlrr-tech] License issue with our customer]

[John Cowan]

Rick Moen scripsit:

> o  the work falls into one of nine statutory categories, _and_, there was a
>    written agreement to consider it a "work for hire".
> 
> Those categories are:
> 
>   (1) a translation, (2) a contribution to a motion picture or other
>   audiovisual work, (3) a contribution to a collective work (such as a
>   magazine), (4) as an atlas, (5) as a compilation, (6) as an
>   instructional text, (7) as a test, (8) as answer material for a test,
>   (9) or a supplementary work (i.e., "a secondary adjunct to a work by
>   another author" such as a foreword, afterword, chart, illustration,
>   editorial note, bibliography, appendix and index). 
> 
> You'll note that software is NOT anywhere in that list.

A translation of software from one programming language to another (where
the first might be UML or flowcharts), however, might fall under #1.

IANAL, TINLA.

-- 
Babies are born as a result of the              John Cowan
mating between men and women, and most          http://www.ccil.org/~cowan
men and women enjoy mating.                     cowan at ccil.org
    --Isaac Asimov in Earth: Our Crowded Spaceship