File puptcrit/puptcrit.0810, message 131


To: <puptcrit-AT-puptcrit.org>
Date: Tue, 7 Oct 2008 23:47:36 -0400
Subject: Re: [Puptcrit] Patent Infringement


Hi guys;
    Just to respond to  Christopher's statement, I do agree in theory with 
the premise that if  a business hires you to make something they own it, but 
you must sign a for hire contract for that to happen.( the exception is if 
you are a permenant employee)
    A few years ago we hired a friend to help us on a script, all she did 
was take notes and type them up. The reason we hired her was that she 
expressed an interest on how we write our scripts and was a good typists and 
note taker. Also she was a writer herself and we thought we could use her as 
a sounding board for ideas.
    Though she objected, we agreed that we would pay her for her time (very 
little).  So we were quite suprised to find out that at the end of the 
project she demanded co-authorship and $ for every performance. We found out 
later that it was in her rights since she never signed a Work For Hire 
contract.
    So my moral is always use contracts nomatter how small the project is. 
For puppeteers who hire others to make their original characters please, 
please get it in writing!!!!

Mark
The puppet people
----- Original Message ----- 
From: "Christopher Hudert" <heyhoot-AT-mindspring.com>
To: <puptcrit-AT-puptcrit.org>
Sent: Tuesday, October 07, 2008 4:58 PM
Subject: Re: [Puptcrit] Patent Infringement



On Oct 7, 2008, at 3:07 PM, Charles Taylor wrote:

> There are many instances where great talent is hired by corporations
> that take control of their inventions and profits without compensating
> fairly to the originator.  That thwarts creativity and progress.
> Think about how many others give up out of frustration and stop being
> creative.  It=92s amazing that we live in this technological world at
> all.

Okay, while I believe there should be some sort of middle ground, the
fact is that when you are doing work for hire (ie working for a
corporation) they are funding your creativity to produce for them. They
then own what you produce in most cases. Sometimes there is a share
agreement, but most often if you are hired to create, you are working
under their roof, on their time, using their money, within their
parameters, on their products, and/or towards a new product for them.
And you think you should somehow then own all rights to the product you
invent? Isn't that a bit of having your cake and eating it too? Can't
be both ways. If they are funding your attempts  - failures as well as
successes  - I don't see how that thwarts creativity or progress. Quite
the opposite.

I would think that the individual struggling on their own, trying to
fund their own research and development, then marketing and so on, is
much more likely to give up than one who receives support. And, working
within a company also means there are deadlines to be met so you have
to stick with a project. Working on your own often means that you
tinker and toddle towards your invention as time, money, passion, and
energy allow.

However, there are cases where an invention of an individual is
basically stolen by one or more corporations and the inventor doesn't
get fair compensation. In fact, there is a movie out right now about
just such a case, only the inventor was victorious in the end and did
get compensated after a long, hard fought battle.

In terms of puppetry, if you hired someone to create/invent a puppet
for you, you would own the puppet. The creative person gives up the
rights to that product unless there has been a contract stating
otherwise. This does not cause frustration, it cause more creativity.

Christopher
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