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Re: The End

#211
Flatfingers wrote:
Tue Dec 25, 2018 11:53 pm
Actually, I agree with these suggestions about the music.

I don't know what financial arrangement Josh made with Francois, but I'd guess that either the soundtrack was a work for hire and Josh now owns it, or Francois still owns it and licensed it to Josh. In either case, there could be some reasonable legal explanation for why Josh wouldn't feel that releasing the soundtrack would be appropriate.

If I'm mistaken, however, I'd sure like to be able to hear the work that Francois did.
It wouldn't qualify as a work for hire unless Francois was Josh's employee or the work fits within the exception categories (which it doesn't). I don't believe Francois was Josh's employee, so either there was a written assignment that granted ownership to Josh or it was licensed. I hope that Josh got the assignment otherwise he'd probably have to get Francois' permission to give it to people for free.
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Re: The End

#212
masseffect7 wrote:
Wed Dec 26, 2018 6:31 pm
Flatfingers wrote:
Tue Dec 25, 2018 11:53 pm
I'd guess that either the soundtrack was a work for hire and Josh now owns it, or Francois still owns it and licensed it to Josh. In either case, there could be some reasonable legal explanation for why Josh wouldn't feel that releasing the soundtrack would be appropriate.

It wouldn't qualify as a work for hire unless Francois was Josh's employee or the work fits within the exception categories (which it doesn't). I don't believe Francois was Josh's employee, so either there was a written assignment that granted ownership to Josh or it was licensed. I hope that Josh got the assignment otherwise he'd probably have to get Francois' permission to give it to people for free.

From https://definitions.uslegal.com/w/work-for-hire/ :

There are two main categories of copyrightable materials that can be considered works for hire. One category encompasses works that are prepared by employees within the scope of their employment. For example, if a software engineer employed by Microsoft writes a computer program, it is considered a work for hire and the company owns the program. The second category includes works created by independent contractors that are specially commissioned by a company. In order to be considered works for hire, such works must fall into a category specifically covered by the law, and the two parties must expressly agree in a contract that it is a work made for hire.

"If you show up to a job where somebody tells you what to do and when to do it, and for that you're rewarded with a paycheck, then your work product is classified as a work for hire and you don't own the copyright on it. Instead, it automatically becomes copyrighted in the name of the company," Michael Bertin explained in the Austin Chronicle. In the situation of independent contractors, he added, "There are two criteria for works for hire. It has to fit into one of nine specific categories, and there has to be a contract stipulating that it's a 'work for hire.' If one of those two elements is missing, then the work in question is not, repeat not, a work for hire."

The nine categories of materials eligible to be considered works for hire, as outlined in the Copyright Act, include works commissioned for use as:

  1. A contribution to a collective work
  2. A part of a motion picture or other audiovisual work or sound recording
  3. A translation
  4. A supplementary work
  5. A compilation
  6. An instructional text
  7. A test
  8. The answer material for a test
  9. An atlas
(emphases added)

I stand by the possibility, as I stated, that ownership of the music Francois wrote for the Limit Theory game (an "audiovisual work") may have been acquired by Josh as a work for hire.

Whether that is the case, or is probably the case, I have no idea and I make no such assumption. All I'm saying is that it's a valid possibility, in which case Josh is free to decide to make it available for us to hear (but it remains copyrighted by him) or not.
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Re: The End

#213
zircher wrote:
Mon Dec 24, 2018 2:35 pm
Basmannen wrote:
Fri Dec 14, 2018 5:22 pm
He said he was gonna clean up the code and make it presentable before open-sourcing it. That will probably take a couple of months, especially knowing that Josh is somewhat of a perfectionist.
I think it is the radio silence that drives some of us nuts. Even something minimal like "Clean-up at 17%" would be a relief.
lol, Josh spent years grinding away to satisfy peoples requests for meaningless updates on the status of the game, and now he's done with it there are still more requests for meaningless updates. Don't blame the guy if he never posts here again.
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Re: The End

#215
Hello Josh Parnell.

I have been a lurker here on this forum since 2015.
I really liked the videos u made and thought "what a great game this could turn into" (i was really exited.)

But not worth your health.. please do not destroy yourself over this.

I do really hope to see something u had your hands in making in the future. (i am sure it will be great if it happened.)



PS. do not be a stranger on these forums, :)
Get better, go on a long vacation or something, cya around.

Marco.

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