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08/09/18, 12:57 PM   #15
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Join Date: Jul 2018
Posts: 52
Originally Posted by SDPhantom View Post
It's a contract like any other that involves signing over rights to your work. Court would definitely uphold it, but with small cases like these, it wouldn't even get that far. DMCA (Digital Millennium Copyright Act) notices don't require court action to be issued and most content hosting services obey them without any question. Think of these notices as a threat of a lawsuit if action is not taken.
The "it is a contract" part is true, but there have certainly been cases where the overreach was considered unreasonable, and the courts found in favor of the employee under similar ownership of IP situations.

It also depends on employment type; if you are a contractor or consultant, often the other party doesn't own the rights other than anything explicitly enumerated in the contract. Not applicable to that situation, but ...

The law is complicated. Complicated law is totally not fun.
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