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.