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Work For Hire |
COPYRIGHT OWNERSHIP
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Work For Hire |
COPYRIGHT OWNERSHIP
SEC. 201 (b): "THE EMPLOYER OR OTHER PERSON FOR WHOM THE WORK WAS PREPARED IS CONSIDERED THE AUTHOR OF THE WORK...UNLESS THE PARTIES HAVE EXPRESSLY AGREED OTHERWISE IN A WRITTEN INSTRUMENT SIGNED BY THEM.
SEC 101: "WORK FOR HIRE"
(1) A WORK PREPARED BY AN EMPLOYEE WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT; OR
(2) 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 COMPLILATION
AS AN INSTRUCTIONAL TEXT
AS A TEST
AS ANSWER MATERIAL FOR A TEST
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.
LITERAL APPROACH
A work is a "work for hire" only when (1) it falls into one of the enumerated categories, and (2) a signed agreement exists.
May v. Morganelli-Heumann & Assoc. (9th 1980) [dicta]
Easter Seal Society v. Playboy Enterprises (5th 1987)
CCNV v. Reid 490 U.S. 730 (1989)
SUPERVISION AND CONTROL
Aldon Accessories v. Spiegal (2nd, 1984)
Evans Newton v. Chicago Systems Software (7th ,1986)
