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Comment by alphan0n | Hacker News Reader

Quote the full passage of copyright law that backs any of your claims up.

"(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 that the work shall be considered a work made for hire. For the purpose of the foregoing sentence, a “supplementary work” is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an “instructional text” is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.

In determining whether any work is eligible to be considered a work made for hire under paragraph (2), neither the amendment contained in section 1011(d) of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106–113, nor the deletion of the words added by that amendment—

(A) shall be considered or otherwise given any legal significance, or

(B) shall be interpreted to indicate congressional approval or disapproval of, or acquiescence in, any judicial determination,

by the courts or the Copyright Office. Paragraph (2) shall be interpreted as if both section 2(a)(1) of the Work Made For Hire and Copyright Corrections Act of 2000 and section 1011(d) of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106–113, were never enacted, and without regard to any inaction or awareness by the Congress at any time of any judicial determinations."

Now your turn, quote the full passage of whatever law you think creates this "duty of due diligence" that you've been talking about.

> b) Works Made for Hire.

>In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

https://www.copyright.gov/title17/92chap2.html#201

You are responsible for infringing works you publish, whether they are produced by commission or employee.

Due diligence refers to the reasonable care, investigation, or steps that a person or entity is expected to take before entering into a contract, transaction, or situation that carries potential risks or liabilities.

Vicarious copyright infringement is based on respondeat superior, a common law principle that holds employers legally responsible for the acts of an employee, if such acts are within the scope and nature of the employment.

You haven't quoted anything about this supposed "duty of due diligence" which is what I asked for.

> In the case of a work made for hire...

Per what I quoted in my last post, commissioned works in the usual sense are not normally "works made for hire" so none of that applies.

> respondeat superior, a common law principle that holds employers legally responsible for the acts of an employee, if such acts are within the scope and nature of the employment.

i.e. exactly what I said a couple of posts back: "If your employee violates copyright in the course of working for you then you might be responsible for that, but that's for the same reason that you might be responsible for any other crimes your employee might commit in the course of working for you, not because you have some special copyright-specific responsibility."

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