GENE ROUSE and DOYLE WILSON, Plaintiffs/Counterclaim Defendants, vs. WALTER & ASSOCIATES, L.L.C., and MARVIN J. WALTER, Defendants/Counterclaimants/Third-Party Plaintiffs, vs. VIREN AMIN, Third-Party Defendant., 513 F. Supp. 2d 1041

Summary

The research professors were involved in a project regarding the use an ultrasound machine to scan cattle in order to determine the quality of the beef on the cattle before they were slaughtered. As the research developed, the professors worked with another university employee who developed software for the project. That software became the subject of this suit as the research professors contended that they owned the software and its was used without their authorization by the consulting parties. However, the consulting parties contended that the research professors did not have standing to bring the copyright infringement action for a variety of reasons. The court concluded that the software was work made for hire and therefore, pursuant to 17 U.S.C.S. § 201(b), the university was considered the author for purposes of the Copyright Act. The court went on to hold that, even if it were to conclude otherwise, the professors abandoned any ownership interest they might have had in the ...