Legal Guide to Web & Software Development by Stephen Fishman J.D

Author:Stephen Fishman J.D. [Fishman J.D., Stephen]
Language: eng
Format: mobi
ISBN: 9781413315165
Publisher: NOLO
Published: 2007-10-25T14:00:00+00:00

California: right to control copyrights

Normally, either spouse is entitled to sell community personal property (which would include a copyright) without the other’s consent. But the profits from such a sale would themselves be community property (that is, jointly owned). The rule is different, however, as to gifts: neither spouse can give away community property without the other’s consent. However, a special provision of California law (Civil Code § 5125(d)) provides that a spouse who operates a business has the primary management and control of that business and its assets. In most cases, a married freelance software programmer or Web developer would probably be considered to be operating a business and would therefore have primary management and control over any work she creates (the business’s assets).

This means that a married freelance programmer or Web developer may transfer all or part of the copyright in a work she creates during marriage without her spouse’s consent or signature on any contract. However, the programmer is legally required to give her spouse prior written notice of such transfers (but failure to do so only results in giving the nonauthor spouse the right to demand an accounting of the profits from the transfer).

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.