Team Kimberlin Post of the Day


I’m informed that Bill Schmalfeldt has “retired” for the eleventy-fourth (or thereabouts) time. In fact, I’m told that he quit his recent job ahead of his scheduled retirement date because he felt he was being dissed by the management of the radio station where he worked. It seems that he posted something to the station’s Facebook page that the station management then removed.

I’m also told that the Cabin Boy™ has a channel wasting bandwidth at YouTube where he had been posting bootleg clips from his radio program and that his now former employer has had the clips removed via DMCA takedown notices. It’s been reported to me that Schmalfeldt says he’s filed counter notices, claiming that he owns the material because he wrote it. IANAL, but I’ll bet the broadcasting company will claim ownership under the work-for-hire doctrine. Unless Schmalfeldt has a written agreement specifically exempting work written for use on his program from being work-for-hire, a court might find that the material is “work prepared by an employee within the scope of his or her employment[.]” (17 USC § 101) So I’ll also bet that he’ll lose. Again.

6 thoughts on “Team Kimberlin Post of the Day

  1. His “job” was to read off exactly what was written for him. How does he claim ownership of others work? Oops, forgot this is Schmalfeldt. He’s been grifting off the backs of others for years now.

  2. Worth noting that YouTube has not restored the videos to his channel. As he already knows from long and hard-earned experience, platforms such as Amazon, YouTube and CreateSpace generally take the content down and let the combatants fight it out. His former employer has already won, but Schmalfeldt lacks the sense to lie down and die.

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