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Intellectual Property

Aug. 20, 2002

Creator of Computer Source Code May Not Be 'Author'

In 1989, the U.S. Supreme Court issued a landmark opinion that clarified a very important issue in copyright law: Who owns the copyright in a work commissioned by one party and implemented by another? Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989).

Stuart Meyer

Partner Fenwick & West LLP

Email: smeyer@fenwick.com

In 1989, the U.S. Supreme Court issued a landmark opinion that clarified a very important issue in copyright law: Who owns the copyright in a work commissioned by one party and implemented by another? Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989).

In most works created by employees on behalf of an employer, the law considers the employer to be the author and the employee merely an instrument of the employer, much like a pencil is an author's writing instru...

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