What's So Free About Freelancing? -- The Second Circuit's Decision in Muchnik v. Thomson Corp. (In re Literary Works in Elec. Databases Copyright Litig.)

Against the Grain, Nov 2013

By William M. Hannay, Published on 11/04/13

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What's So Free About Freelancing? -- The Second Circuit's Decision in Muchnik v. Thomson Corp. (In re Literary Works in Elec. Databases Copyright Litig.)

W hat's So Free About Freelancing? -- The S econd Circuit's Decision in Muchnik v. Thomson C orp. (In re Literar y Works in Elec. Databases Copyright Litig.) William M. Hannay Schif H ardin LLP 0 0 0 by William M. Hannay, Partner, Schiff Hardin LLP, Adjunct Professor, IIT/Chicago-Kent Law School - already have on your new calendar (paper or e-calendar: up-to-your library) the date of your institutional benefits meeting. You have gone over your new job description with your supervisor, who has answered all your questions patiently and completely, taking time to make sure you understand it all. You understand as well how the performance process works, and what the schedule is of your reviews. Your boss and you have talked about your responsibilities and you have a good idea of how to accomplish what is expected of you. If appropriate, you have a meeting on your calendar with your boss’s boss. You are excited to meet with her and to hear about her thoughts and expectations for your department in general, and maybe you and your work in particular. Wow, it’s Friday already and you feel very confident that you have a good understanding of what your job entails and you are acquainted with the tools and the primary people you need to work with to get the work done. You have begun working on a few projects already and have drafted some plans to share with your new boss about how to approach the upcoming work. Since you have a scheduled meeting with him early in your second week, you know you will be able to get feedback right away on your ideas. As well, you are beginning to feel like a true employee of your new institution as you know the support and informational options available to you as a part of the larger work team. For this second time period Edward’s task as the supervisor is to make sure he has contacted all the proper people, and if possible, scheduled a few of the meetings and have them in place before his new person begins. As for the tour(s), he will want to make sure that each department knows ahead of time that he plans on walking his new employee though, and giving people a chance to suggest a better time if necessary, or else reminding people that day about the upcoming visit by the new person. Edward will want to add the new employee into his own calendar to ensure that they have a set time to meet. He will want to make sure that his new person continues to feel engaged as she becomes more involved in the day-today workings of the library. Let’s take a look at the first month. . . Now you have been at work for a whole month. Wow. You already feel devoted to your boss, your department, the library and your colleagues there, and you feel a part of the rest of the larger institution. You have had training sessions on all the software and hardware applications you are now using. This included a session on how the library IT department organizes the computer desktops used by all of the library staff. You know how and where to save your work and how to share it via the library’s intranet. You have even drafted committee minutes to share with the other group members on the committee intranet site, and gotten feedback for the final version from some of your new colleagues. Though the email and calendaring software is radically different from what you have used before, you have been well-trained in how it works and how the scheduling function can save everyone time. As for meetings, you have been to all of the big staff and departmental meetings and been introduced at each. New colleagues have come up after the meeting to chat, or have sent you emails to invite you to lunch to get to know you. You have attended a new employee event, where you met other new employees and have made a couple of support friends already. You have had a complete walking tour of the entire campus, and have learned more about the amenities offered to employees. Your assigned library buddy did a fantastic job filling you in on all the important details, like when the campus post office closes on Friday afternoons for example, and showing you a new shortcut across the quad to your parking lot. You have met with your boss at least once a week and have had time to dive into your work responsibilities. Because of these meetings you have been able to correct some early mistakes and feel like you will be able to ace your 90 day review. All in all you are confident and prepared to take on anything in your new position. And if you aren’t prepared, then you already have a support network of co-workers, a library buddy, and other newbies to help you figure things out. Edward needs to maintain the balance between giving his new employee guidance and giving her enough space to make her own mistakes during the next few months. He needs to be available and supportive, yet remind the new person that she has other sources she can go to for advice and help. Edward also needs to remember the common wisdom that it can take up to eight (...truncated)


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William M. Hannay. What's So Free About Freelancing? -- The Second Circuit's Decision in Muchnik v. Thomson Corp. (In re Literary Works in Elec. Databases Copyright Litig.), Against the Grain, 2013, pp. 22, Volume 19, Issue 6,