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Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations

By Daniel C. Glazer and Daniel P. Ashe
September 28, 2011

As part of day-to-day operations, companies regularly enter into intellectual property assignments or “work-for-hire” arrangements with employees and contractors, often pursuant to form agreements that are not tailored to the particular engagement. However, decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in Marvel Worldwide v. Kirby, 777 F. Supp. 2d 720 (S.D.N.Y. 2011), highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.

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