Rouse v. Walter & Associates, L.L.C.
United States District Court for the Southern District of Iowa
513 F. Supp. 2d 1041 (2007)
Iowa State University researchers Rouse and Wilson (plaintiffs) directed research assistant Amin (plaintiff) to build a Windows-compatible user interface (USOFT) for their ISU-funded cattle-quality software, though Amin was not formally hired as a software developer and often worked from home. USOFT was never assigned to the university's research foundation, but each plaintiff had signed a letter incorporating the faculty handbook's work-for-hire policy. After the foundation licensed the related software to Walter & Associates (defendant), the plaintiffs registered their own copyright in USOFT and sued Walter for infringement after a cease-and-desist letter went unheeded; Walter moved for partial summary judgment.
Whether a work is made for hire if it is the kind of work an employee is hired to perform, occurs largely at the place and time of employment, and is performed in furtherance of the employer's interests.