An officer or director of a corporation who knowingly participates in the infringement can be held personally liable, jointly and severally, with the corporate defendant.

USC § 102 (a)(5)(Act of 1976)(predecessor section previously codified as § 5 (g) of 1909 Act); 37 CFR § 202.3 (a)(iii);

The rule creates a rebuttable presumption to this effect, which can be overcome by express contractual provisions between the employee and the employer, reserving to the former the copyrightable interest.

Generally, it appears that in those cases where the courts have held the party asserting the copyright to have demonstrated infringement (or probable success on the issue of infringement), the similarity between the protected and the accused toys was greater and the differences less numerous and significant than is the case with the three pairs of dolls before us.

Defendant's copying of the Custom Pleats device, if there was any, did not deprive plaintiff of the right, protected by common law copyright, to "publish" his idea first.

[CITATION] Arkansas law review

[BOOK] Blumberg on corporate groups

[BOOK] Entertainment law and business