Copyright Act: Drafting work made for hire clauses and managing IP assets in tech contracts

Michael Shafer | Dunlap Bennett & Ludwig

Michael Shafer has focused the vast majority of his practice on intellectual property matters. He has litigated intellectual property disputes in federal district courts in the United States, including trademark, copyright, and patent disputes. Additionally, he has litigated both inter partes cancellation and opposition proceedings as well as appeals before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office. Through his litigation practice as well as counseling clients in transactional work, Michael has gained a familiarity with the concerns and pitfalls facing intellectual property owners in transactions both during the transaction and in the event of litigation. Michael began his career at an AmLaw 100 firm where he represented clients in multiple intellectual property transactions and disputes. Michael earned his J.D. from Harvard Law School.

Stephanie Fields | Dunlap Bennett & Ludwig

Stephanie is a graduate of The George Washington University Law School. As a student attorney in the GW Law Intellectual Property & Technology Law Clinic, she helped clients understand the U.S. Patent and Trademark Office (USPTO) trademark registration process, prosecuted trademark applications, and overcame initial USPTO rejections. As an associate attorney with Dunlap, Bennett & Ludwig, she continues to help entrepreneurs and companies protect their business interests. She handles trademark prosecution, copyright registration, domain-name disputes, licensing and consent agreements, contracts, and other business-related matters.

Session I – Foundations and Key Considerations in IP and Technology Contracts | 1:30pm – 2:30pm

• Intellectual property (IP) rights in technology contracts
• Key differences between copyrights, patents, trademarks, and trade secrets
• The Copyright Act’s role in tech contracts
• Importance of IP protection in technology and software development

Break | 2:30pm – 2:40pm

Session II – Mastering the Work Made for Hire Doctrine | 2:40pm – 3:40pm

• Detailed explanation and legal criteria for the “work made for hire” doctrine
• Analysis of statutory categories under the Copyright Act
• Best practices for drafting and negotiating work made for hire clauses
• Managing risks and practical implications of work made for hire designations