AT THE FIRM          


Running the Bank of America Chicago Marathon is the pinnacle of achievement for elite athletes and everyday runners alike. On race day, runners from all 50 states and more than 100 countries will set out to accomplish a personal dream by reaching the finish line in Grant Park.

Will Tishkoff and his running group, TSK, had great races at the Chicago Marathon on Sunday, October 8th.  There were 48,000 runners, 1.7 million spectators, and Will set a personal record at 4:09. 



Copyright - Yours or Your Employer's? 

Written By: Geoffrey A. Leskie

Not every copyright belongs to the individual who may have created—in the common sense of the word—the work.  In some scenarios, a copyright may actually belong to an employer or a party that contracted for the creation of the work.  This is referred to as a “work made for hire.”  17 U.S.C. § 101 defines a “work made for hire” as:

  1. a work prepared by an employee within the scope of his or her employment; or
  2. a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them.

While that may seem fairly straightforward, the real challenge is often in determining whether an individual is an employee.  The United Sates Supreme Court addressed this very issue in Community For Creative Non-Violence et al. v. Reid, 490 U.S. 730 (1989).  The primary concern is the amount of control exercised by the would-be employer over the details of the created work.  However, according to the Court in Reid, a number of factors are considered in every case that include, but are not limited to:
skill required;  the source of the instrumentalities and tools;  the location of the work;  the duration of the relationship between the parties;  whether the hiring party has the right to assign additional projects to the hired party;  the extent of the hired party's discretion over when and how long to work;  the method of payment; the hired party's role in hiring and paying assistants;  whether the work is part of the regular business of the hiring party;  whether the hiring party is in business;  the provision of employee benefits;  and the tax treatment of the hired party.

As you can see, there is much to consider when determining whether a creative work constitutes a “work made for hire” even when someone believes they are an independent contractor.  This list is non-exhaustive, and no particular factor is determinative, so it is always best to consult with a qualified attorney if you have created something you would like to copyright and especially if you are about to create something at the request of someone else.  

Contact the Attorneys at Tishkoff PLC

If you have questions or concerns about  business law or related matters, be sure to reach out to a attorney in Michigan today. The team at Tishkoff PLC is here to help. Contact us online or call our office today. Toll Free: 1 (855) TISH-LAW.


HALLOWEEN TREAT PARADE - Tishkoff participating, stop by for sweet treats
When: Tuesday, October 31, 2017
 Downtown Ann Arbor on Main, Liberty, Washington, Huron, Ashley, Fourth and Fifth Streets
Time: 11:00 AM - 5:00 PM 
17th Annual Treat Parade in downtown Ann Arbor! Main Street area merchants welcome little costumed characters to the neighborhood with greets and treats. Black and orange baloons will fly from participating businesses. 

When: Tuesday, October 31, 2017
Where: 343 S. Fifth Ave., Ann Arbor, MI 48104
Show Times: 10:00 AM and 11:30 AM
Ann Arbor District Library to put on a Halloween party that includes stories, puppets and trick-or-treats. 

When: October 2017
Where: 316 S. Main Street
Time: Shows begin between 7:30 PM and 8:00 PM
Ann Arbor's nonprofit home for acoustic music. The Ark is an intimate 400-seat club presenting performers who fall into the wide-ranging genres of folk and roots music.  


Attorney Leskie hard at work in the Tishkoff library. 
When they're not hard at work, Tishkoff attorneys support Michigan sports teams! 
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