Definition Work Made For Hire
Intellectual property work for which not its creator but the party for which it was created and who paid for it is considered its author and copyright owner in law.
Definition work made for hire. Or 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. In that case your work won t qualify as a work made for hire unless it falls into at least one of these nine categories. To help determine who is an employee the supreme court in ccnv v. Work as art music writing or a computer program that is the property of an employer when made by one acting as an employee or is the property of the party for whom it is specially ordered or commissioned when that is expressly stipulated in writing used in copyright law.
Work for hire is any created work that can be copyrighted like songs stories essays sculptures paintings graphic designs or computer programs. Means most commonly a work prepared by an employee within the scope of his or her employment 17 u s c. The copyright on work made for hire belongs to the employer or the party who commissioned the work. Or 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.
An employee who writes an article designs a web page creates a computer program or draws an illustration for a company publication is creating a work for hire. There is however a second class of specifically enumerated types of works such as translations instructional texts and works specially commissioned as contributions to collective works that also qualify as wmfh if a signed contract so states. Definition of work made for hire. A work made for hire is 1 a work prepared by an employee within the scope of his or her employment.
Don t use work made for hire in california based freelance agreements. Work for hire arrangements affect small businesses in a variety of ways. Work made for hire for independent contractors. Define work made of hire.
Legal definition of work made for hire. Let s say you are indeed an independent contractor. Reid identified certain factors that characterize an employer employee relationship as defined by agency law. In the u s work for hire shorthand for the term a work made for hire applies if the created piece is part of a person s job or made by an independent contractor.