Attorney Steve® - IP & Entertainment Law - Work Made For Hire Agreements & Copyright Assignments
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It is important to know the difference between a "work made for hire" under the United States Copyright Law vs. a Copyright "Assignment". Click on the video above to get the general legal overview.
17 U.S.C. 101 - A “work made for hire”
There are two different types of works made for hire. Under the Copyright Act:
(1) a work prepared by an employee within the scope of his or her employment;
(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.
THIS MEANS, MAKE SURE YOU HAVE A WRITTEN AGREEMENT - WE CAN HELP!!
What is a “supplementary work” under the Work For Hire doctrine?
In the work for hire copyright circular this is defined as:
"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."
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