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Better statement of background law #147

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@heathermeeker

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@heathermeeker

This is an interesting project. I hope you don't mind a suggestion.

"In the United States, without an express agreement employers usually own works subject to copyright and have either ownership or a "shop right" to use inventions."

This is not quite correct. Under US law, the work-made-for-hire doctrine only covers copyright and not patents. The main reason employers want PIIAs is to get assignment of patent rights. The default under US law is only a shop right (i.e. non-exclusive license) and not ownership, which can only pass via a written assignment, such as in a PIIA. I think you have mis-cited the law review article.

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