RE: OEM Documentation: Who retains the copyright?

Subject: RE: OEM Documentation: Who retains the copyright?
From: Lyn Worthen <Lyn -dot- Worthen -at- caselle -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 9 Jul 2003 15:52:33 -0600

In my experience, it depends on the agreement between the companies.

I've seen/been part of all of the following:
- the OEM retains copyright
- the branding company retains the copyright
- the copyright can be shared

The copyright agreement may also be combined with a different fee for the
work, depending on whether or not the OEM will have the opportunity to earn
future royalties, update fees, etc. For example, on one deliverable, for
which we retained shared rights with the branding company, we also had the
right of first refusal for updates to the material. When the branding
company (local) was subsequently bought by another corporation (with their
own writing staff), they also bought full rights to the documentation from
us (a separate negotiation).



-----Original Message-----
From: sdespres -at- connected -dot- com
Sent: Wednesday, July 09, 2003 12:36 PM


When branding OEM documentation, who retains the copyright of the finished
work? the OEM, or the company for whom it is branded?

It is my understanding that if a company puts its name on an OEM product,
the accompanying documentation (with that company's name, product name,
etc.) would be the copyright of that company. After all, it's the
copyright that gives the company the right to distribute, republish, etc.
etc. The OEM does not retain the copyright of the finished, branded


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