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Works made for hire are an exception to this rule. 1 For legal purposes, when a work is a work made for hire, the author is not the individual who actually created the work. Instead, the party that hired the individual is considered both the author and the copyright owner of the work.
There are two situations in which a work made for hire is produced: (1) when the work is created by an employee as part of the employees regular duties and (2) when a certain type of work is created as a result of an express written agreement between the creator and a party specially ordering or commissioning the work
Works made for hire are an exception to this rule. 1 For legal purposes, when a work is a work made for hire, the author is not the individual who actually created the work. Instead, the party that hired the individual is considered both the author and the copyright owner of the work.
The work for hire clause regulates the wide range of activities wherein the work is created by an employee acting in his official capacity while in the course of employment. It stands true for employees as well as independent contractors governed by such a contract.
Works of Copyright The general rule is that the author of a Work is the first owner of the copyright. Section 13(3) of the Act carves an exception to that general rule by stipulating that any Works made by Employees in the course of their employment are automatically deemed to be owned by the Employer.
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In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of their job, or some limited types of works for which all parties agree in writing to the WFH designation. Work for hire is a statutorily defined term (17 U.S.C.
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. The benchmark U.S. Supreme Court case,Community for Creative Non-Violence v.
In order for a contractors work to be considered a work made for hire, it must satisfy several conditions: (1) it must be specially ordered or commissioned by the business; (2) must fit into one of nine enumerated categories identified in the Copyright Law; and (3) must be produced pursuant to a written agreement
For works made for hire and anonymous and pseudonymous works, the dura- tion of copyright is 95 years from first publication or 120 years from creation, whichever is shorter (unless the authors identity is later revealed in Copyright Office records, in which case the term becomes the authors life plus 70 years).
For one author, the work is copyright-protected for the life of the author plus 70 years. For joint authors, the work is protected for the life of the surviving author plus 70 years.

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