Copyright Notice

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.

(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 (D.C. 1988)

SUPERVISION AND CONTROL

"It does not matter whether the for-hire creator is an employee in the sense of having a regular job with the hiring author. WHAT MATTERS IS WHETHER THE HIRING AUTHOR CAUSED THE WORK TO BE MADE AND EXERCISED THE RIGHT TO DIRECT AND SUPERVISE THE CREATION.

Aldon Accessories v. Spiegal (2nd, 1984)

Evans Newton v. Chicago Systems Software (7th ,1986)

25 JULY 1988