by U.S. Copyright Office in [Washington, D.C.[ (101 Independence Ave., S.E., 20559-6000) .
Written in English
|Series||Circular -- 9., Circular (Library of Congress. Copyright Office) -- 9.|
|The Physical Object|
|Pagination||3 p. ;|
Works Made for Hire. Copyright law protects a work from the time it is created in a fixed form. From the moment it is set in a print or electronic manuscript, a sound recording, a computer software program, or other such concrete medium, the copyright becomes the . WORKS MADE FOR HIRE prepared for a commissioning party by independent contractors This article argues that, with minor exceptions, the law remains the same as under the Act. WORK MADE FOR HIRE PROVISIONS OF THE ACT The provisions of the Act relating to work made for hire provide. that Spiegel was correct in its assertion that the statuettes could not be. works made for hire under subdivision (2) of the Act, but ob-. served that Spiegel gave an overly restrictive interpretation of subdivi-. sion (1), which governs works prepared by an employee within by: 4. The work made for hire doctrine under the Act is more specific and limited. The Act defines a “work made for hire” as: (1) a work prepared by an employee .
(B) any work made for hire; or (C) any work not subject to copyright protection under this title. A “work of the United States Government” is a work prepared by an officer or employee of the United States Government as part of that person’s official duties. A “work made for hire” is— (1) a work prepared by an employee within the scope of his or her employment; or. Works First Securing Federal Statutory Protection on or after January 1, For works securing federal statutory protection for the first time on or after January 1, , the Copyright Act of , as amended in , establishes a single copyright term and different methods for computing the duration of a copyright. No? The work is not a work made for hire. question 5: Was the written agreement signed by the creator of the work? Yes? Proceed to Question 6. No? The work is not a work made for hire. question 6: Did the parties expressly agree that the work shall be considered a “work made for hire”? Yes? Proceed to Question 7. No? The work is not a work File Size: 74KB. The exception is a work made for hire, which is a work prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned in certain specified circumstances. When a work qualifies as a work made for hire, the employer, or commissioning party, is .
Works Made for Hire. Section (b) of the bill adopts one of the basic principles of the present law: that in the case of works made for hire the employer is considered the author of the work, and is regarded as the initial owner of copyright unless there has been an agreement otherwise. nenbaum, Works Made for Hire Under S, 22 N.Y.L. SCH. L. REV. () (arguing that new definitions of works for hire under § should narrow the potential areas of dispute). Who We Are. Americans for the Arts serves, advances, and leads the network of organizations and individuals who cultivate, promote, sustain, and support the arts in America. In each case, a work for hire clause should be accompanied by an assignment clause assigning all rights in the work to the employer or commissioning party in the event copyright ownership through work made for hire is challenged.