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Wilton A. Person
Wilton A. Person, Lawyer
Category: Intellectual Property Law
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Working for a small College in Riverside, Ca...It was discovered

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Working for a small College in Riverside, Ca...It was discovered that the owner has stolen other teachers written work, copyrighting them, and selling them on sites such as Amazon.com, etc.( which is where owner obtained copyright and had amazon.com copyright these books....Complete with IBS numbers) The owner has listed herself as the exclusive Author of at least 6-8 of these books and publishing more as of this writing, ALL writings belong to others and did not obtain permission....What can be done? What are the rights of the Teachers? Referral for Attorney representation requested. Victoria Cotton, MsEd.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Wilton A. Person replied 1 year ago.

The general rule is that works created by an employee are owned by the employer absent a written agreement to the contrary. Of course, this is not always such a straightforward determination if the work was not created specifically for the employer, was not created with tools by the employer, was created outside of the employer's location, or many other variable to consider with respect to the employee's terms of employment.

 

If the teachers are the copyright owners, they could file an injunction to stop the owner and potentially recover damages.

 

To that extent, the date of creation and the circumstances of the creation would determine the true copyright owners. Nevertheless, the owner of the copyright if it is the college itself could assign the copyright to the owner but the owner's actions definitely should be investigated and any agreements that the teachers have with the college regarding copyright should be reviewed as well because the owner is taking advantage of the teacher for her own commercial interests.

 

You may contact the Bar in your state for a referral for an intellectual property attorney. Please find a link to your state bar below: http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

Wilton A. Person, Lawyer
Satisfied Customers: 4147
Experience: MBA, Experienced and Knowledgeable in Intellectual Property Law
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Customer: replied 1 year ago.
Relist: Other.
I am Requesting an answer from a California Attorney from this site, experience in Copyright laws. The previous answer, although very good, was an Attorney from Ill. Thank you

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