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Topic: Work made for hire

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	U.S. Copyright Office - Information Circular
		Whether or not a particular work is made for hire is determined by the relationship between the parties.
		If a work is a work made for hire, the employer or other person for whom the work was prepared is the author and should be named as the author in Space 2 of the application for copyright registration.
		If a work is a work made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless there has been a written agreement to the contrary signed by both parties.
	www.copyright.gov /circs/circ9.html (1192 words)

	05/25/00 Committee on the Judiciary - Peters Statement re Work for Hire
		Works prepared by employees in the course of their employment are categorized as works made for hire, with authorship, and thus ownership as well, recognized in the employer.
		The renewal copyright in a work made for hire belonged not to the person who created that work, but to the proprietor of the copyright at the end of the first term, who would be either the original employer or someone who had obtained the copyright from the employer.
		However, the fact that work-for-hire agreements and copyright registrations as works for hire have been made does not lead to the legal conclusion that the sound recordings that are the subjects of those agreements and registrations are indeed works made for hire.
	judiciary.house.gov /judiciary/petework.htm (5453 words)

	Recording Industry Association of America (Site not responding. Last check: 2007-10-12)
		A work made for hire is a work for which a person or entity hires or commissions many people to collaborate for the purpose of creating that work.
		Under the definition of “work made for hire” in the Copyright Act, works are eligible for such status (meaning that such works by written express agreement can be works made for hire) if there is an employment relationship or if certain types of works are commissioned.
		Work made for hire treatment allows for the effective promotion and distribution of a recording so that payments can be made according to contractual agreements.
	www.riaa.com /news/newsletter/press2000/052400.asp (770 words)

	Norcal Guild : Legalities #4
		However, under the work made for hire doctrine, your employer or the company that has commissioned your work, not you, is considered the author and automatic copyright owner of your work.
		Because employees’ work automatically belong to their employee, many companies will argue that an independent contractor, like a freelancer, should be treated as its employee for the purposes of the work for hire doctrine.
		Under the work made for hire doctrine, however, your client is considered the “author” of your work from the beginning, and so you do not have the statutory termination right to recover the copyright.
	norcal.gag.org /legalities/2004/legalities_no04.html (2080 words)

	The Work for Hire Doctrine
		The Act carves out an important exception, however, for what are called "works made for hire." If the work is for hire, "the employer or other person for whom the work was prepared is considered the author" and owns the copyright, unless there is a written agreement to the contrary.
		In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.
		If it is not one of the listed works then there cannot be a work for hire unless the work was prepared by an employee as a part of his or her job duties, which is covered in subsection (1).
	www.ipwatchdog.com /work_for_hire.html (625 words)

	Works Made for Hire in the United States
		In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author...
		The sculpture was not a "work made for hire" as defined by the Copyright Act since it was not a work prepared by an employee within the scope of his employment.
		Often, the issue of whether a work is made for hire arises because the parties did not consider the copyright consequences at the outset.
	www.supnik.com /reid.htm (1808 words)

	Works Made for Hire under the Copyright Act
		The concept of a work made for hire is derived from the Copyright Act and court decisions.
		Reid, 490 U.S. The court held that to determine whether a work is made for hire, one must first ascertain whether the work was prepared by (1) an employee or (2) an independent contractor.
		The Copyright Act provides that certain grants of the rights in a work that were made by the author may be terminated 35 to 40 years after the grant was made or after publication, depending on the circumstances.
	www.keytlaw.com /Copyrights/wfhire.htm (1272 words)

	Ownership of Copyrights
		The "author" of a work made for hire is the employer or hiring party for whom the work was prepared.
		The employer for whom the work is made is the "author" of the work for copyright purposes and is the owner of the work's copyright (unless the employee and employer have agreed otherwise).
		The Court concluded that the work made for hire rule did not apply for two reasons: Reid was not an employee of CCNV, and the sculpture was not one of the eight types of works that could be designated a work made for hire by written agreement of the parties.
	library.findlaw.com /1999/Jan/1/241478.html (2710 words)

	Work For Hire Information
		A "work made for hire" is a work of art prepared by an employee within the scope of his or her employment; a work of art specially ordered or commissioned in certain specified circumstances.
		When a work qualifies as a "work made for hire", the employer or commissioning party is considered to be the author.
		A work not made for hire is ordinarily protected by a copyright for the life of the author plus 50 years.
	www.nwpatents.com /c1.html (317 words)

	‘What Do You Mean I Paid for It, but Don't Own It?’ — Hodgson Russ LLP Attorneys
		Work product qualifying as a work made for hire will be owned by the person paying for the work product’s development.
		Work product developed by “an employee within the scope of his or her employment” will be a work made for hire.
		If the work product clearly fits into one of the categories and there is a written agreement acknowledging the work product is a work made for hire, the payor, like the employer, will own the copyright.
	www.hodgsonruss.com /article_471.html (1919 words)

	"Work Made For Hire" Clauses - Outer Sound University
		Under the work made for hire doctrine of the U.S. copyright law, the record label can retain ownership of an artist's master recordings and thus insure maximum profits for the label.
		However, the legal ramifications of these unusual work made for hire arrangements could ultimately be disastrous for the record industry.
		If the work is created as a "work made for hire", however, then the company who hires or employs the artist is the author of the work and owns all rights in the work for copyright purposes.
	www.outersound.com /osu/contracts/workhire.html (860 words)

	Copyright Ownership: The Work Made For Hire Doctrine - Part II
		As a brief review, the Copyright Act defines the "work made for hire" doctrine as (1) a work prepared by the employee within the scope of his or her employment (employee prong) or (2) certain enumerated categories of work that are specially ordered or commissioned by the publisher (independent contractor prong).
		If the work is to qualify as a "work made for hire" under the employee prong the employee must create the work within the normal scope of their job.
		Have a written "work made for hire" agreement with all freelancers and independent contractors who create works that you want to qualify as a "work made for hire." Merely stating that this is a "work made for hire" agreement does not make it one; all the requirements of the independent contractor prong must be satisfied.
	www.publaw.com /work2.html (1268 words)

	Work For Hire
		Since merely stating that a work is a work for hire may not be enough (e.g., the work doesn't fall clearly into one of the nine categories), a well-drafted work for hire agreement should also contain an assignment of the entire copyright.
		Have them "warrant" that their work does not infringe any copyright or other proprietary rights, including the right of privacy or publicity, and that it does not contain material that is either scandalous, obscene, libelous or otherwise contrary to the law.
		A work created by an "employee" within the scope of his or her employment is automatically considered a work for hire.
	copylaw.com /new_articles/wfh.html (1506 words)

	Entertainment Law, Wallace Collins, Esq. : Work for Hire Issues
		By amending the law to add "sound recording" to this list of works that constitute a work made for hire, the new law effectively removes a recording artist's chance of recovering its rights in its master recordings created on or after July 1, 1999.
		A typical provision in such a record contract might state that the recording is a work made for hire, but have a caveat that, in the event it is determined not to be a work for hire, then the artist assigns its rights to the record company.
		For a sound recording to be deemed a work for hire it had to be created by an employee in the course of an employment relationship.
	www.wallacecollins.com /workforhire.html (721 words)

	[No title]
		Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution.
		Other factors which may be considered are whether: 1) it is the kind of work the person is employed to perform; 2) the work occurs substantially within work hours; and 3) the work is actuated, at least in part, by a purpose to serve the employer.
		I conclude, therefore, that pursuant to the "work for hire" doctrine, as of 1995, any copyright remaining in the Outline did not belong to Vanderhurst.
	www.copyright.iupui.edu /WorkMadeForHire.htm (743 words)

	Copyright Ownership (BitLaw)
		If a work is created by an independent contractor (that is, someone who is not an employee), the work may still be a work for hire, but the definition is much harder to meet.
		The hiring party's ability to use the work would therefore depend either on the specific terms of its agreement with the author, or upon the concept of an implied license to use the work (see the BitLaw discussion on implied licenses for more information on this topic).
		In addition, the determination of whether a work is a work made for hire affects the ability of a creator of a work to invoke her right to terminate the transfer of rights, which would otherwise affect a license or assignment (for more information, see the BitLaw discussion on the termination of transfers).
	www.bitlaw.com /copyright/ownership.html (1611 words)

	Works Made for Hire
		A work made for hire is a copyrightable work that is made by a person or group of persons while performing the work for some one else.
		The "author" or a work made for hire, then, is either the employer or the independent contractor who performs the work, without a written agreement saying otherwise.
		Another way a work prepared by someone other than the person who actually created it may become another's is by a written agreement stating that the person hired to do the work "assigns" or permanently grants to the "author" the work.
	www.iplegal.com /lib/wmfh.html (643 words)

	Playboy and the Work Made For Hire Agreement
		The work had to be done under the direction and supervision of the party requesting the work and the request by that party had to be the "motivating factor" in having the work done.
		Thus, you cannot have a valid work made for hire agreement that seeks to acquire a work that had already been created before the relationship between the commissioning party and the creator was established.
		In a work made for hire, the commissioning party is deemed the author of the work and owns all the rights, including all rights in copyright, throughout the world, for the duration of the copyright.
	www.ivanhoffman.com /work2.html (1823 words)

	Copyright Ownership: The Work Made For Hire Doctrine - Part I
		The Copyright Act's "work made for hire" doctrine is the major exception to the fundamental principle that copyright ownership vests initially in the individual who creates the work.
		For many years the question of whether a specific work was a "work made for hire" was a source of great confusion to the courts as judicial decisions generally focused upon the "manner and means" by which the hired party developed the creative work.
		Furthermore this decision restricted the "work made for hire" doctrine under the first prong to "actual" employees while the second prong was held to be only applicable to independent contractors.
	www.publaw.com /work1.html (895 words)

	ASJA: American Society of Journalists and Authors
		Similar as "all rights" and WMFH may sound in their dismal practical effects on the writer, there are other distinctions between them, involving copyright term and the right to a reversion.
		For works made for hire, however (where a business entity is often deemed the "author"), tying the term to a human lifespan is not practical.
		WMFH agreements, on the other hand, "are forever"; the writer has no such reversionary right that might allow him to terminate the transfer and recover copyright -- in fact, under the work made for hire statute, he never had a copyright in the work to begin with.
	www.asja.org /pubtips/wmfh01.php (2798 words)

	Work for hire - Wikipedia, the free encyclopedia
		However, when a work is considered a work made for hire - more commonly called a "work for hire", abbreviated as "WFH" - the author of the work is no longer the individual creator or creators.
		The circumstances in which a work is considered a work made for hire is determined by the language of the United States Copyright Act:
		If a work is considered a work made for hire, the author and owner of the work is the hiring party.
	en.wikipedia.org /wiki/Work_for_hire (835 words)

	Work-for-hire Agreement
		The Author warrants that he or she is the sole owner of the Work and has full power and authority to make this agreement; that the Work does not infringe any copyright, violate any property rights, or contain any scandalous, libelous, or unlawful matter.
		The provisions of this agreement shall apply to each revision of the Work by the Author as though that revision were the Work being published for the first time under this agreement.
		This agreement shall be construed and interpreted according to the laws of the State of Texas and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Author and to the University shall include their heirs, successors, assigns, and personal representatives.
	www.utsystem.edu /ogc/intellectualproperty/contract/workhire.htm (785 words)

	Arts Council - Work-for-Hire (Site not responding. Last check: 2007-10-12)
		The contract should clearly state that the other individuals' labors on any creative work are considered "work made for hire" and that the other individuals transfer any interest they may have in the work to the first artist.
		It states that a work made for hire is one prepared by an employee or one that fits into nine specifically stated categories.
		As an independent contractor, the artist would maintain ownership of the work unless the work fell within one of the nine specific categories set out in the Copyright Act or the parties had entered into a written contract stating that the work was "made for hire" such that ownership would belong to the commissioning party.
	www.pinellasarts.org /work_for_hire.htm (1224 words)

	Digital Juice Magazine -March2006-Work Made for Hire
		Unless you work for the government, there are two situations where you might not own the footage you shoot: (1) when you are an employee or (2) when you have a written contract that says otherwise.
		In other words, if (1) you are considered an employee or (2) you enter into a written contract that: (2a) specifically states that the video is a "work made for hire" or (2b) that you are assigning the copyright to your client (employer), your employer owns the copyright.
		Works created by the federal government are not subject to copyright.
	www.digitaljuice.com /magazine/articles/2006_034_vtx.asp (1063 words)

	Copyright FAQ Part 3
		If a work qualifies as a work made for hire, the company (rather than the person who prepared the work) is the author for purposes of copyright, and copyright initially vests in the company.
		If the work is a work made for hire, the person who prepared it isn't legally considered the author, and never had any ownership rights in the copyright.
		The works you create for that employer, if within the scope of your employment, will be works made for hire; the company will be the author and own the copyrights.
	www.tjc.com /copyright/FAQ/CFAQ03.html (5388 words)

	Work Made For Hire Agreements
		Furthermore, the work must have been created within the course and scope of the employment, meaning that it was part of the job duties of the creator to create the work.
		This is quite important because it prevents the use of the work made for hire contract to acquire an existing work.
		However, because the person signing a work made for hire agreement would end up giving up all rights to his or her work to the acquiring party, this may not be the kind of agreement the creator may wish to execute.
	www.ivanhoffman.com /work.html (829 words)

	[No title]
		The most common type of work-made-for-hire is a work prepared by an employee within the scope of his or her employment.
		Another type of work that may be deemed a work-made-for-hire is a work prepared by an independent contractor.
		Once the author is found to be an independent contractor, the work may still be deemed a work-made-for-hire only if it is specially ordered or commissioned and the parties expressly agree in a written instrument signed by both of them that the work shall be considered a work-made-for-hire.
	www.copyright.iupui.edu /youright.htm (1795 words)

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