Leigh is hired by ABC Inc. to prepare a software program for a company. She works at home, has hired her own assistants, receives no benefits from ABC, and pays her own taxes. When the work is completed, Leigh begins working for another company. Leigh and ABC have no agreement as to ownership of copyright in the final work. Discuss which party owns the copyright in the software program.?
What will be an ideal response?
Unless the parties agreed otherwise, Leigh likely owns the copyright in the software program. She was an independent contractor and not an employee of ABC. She had the discretion to perform the work at home and could hire her own assistants. She received no benefits from ABC, and ABC did not pay her taxes (which two elements are often deemed to be the most important factors in determining whether a person is an employee or an independent contractor). In such a case, she is highly likely to be deemed to be an independent contractor, in which case she would own copyright in the work. (For certainty, the parties should have had an agreement as to who would own the copyright.)?
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