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Ask a question. Related Content. A discussion of the copyright work made for hire doctrine under the Copyright Act and related considerations for drafting employee and independent contractor agreements involving copyright-protected work product. The initial owner of the copyright in a protected work of authorship is generally the work's author. However, work made for hire is a key exception. Under the Copyright Act, it applies when:.
An employee prepares a work within the scope of his employment. An individual or other entity specially orders or commissions a work from an independent contractor if certain statutory conditions are met. In these cases, the employer or commissioning entity initially owns the copyright unless the parties agree differently in a signed writing.
A key benefit of work made for hire treatment is that the statutory provisions allowing an author to terminate copyright assignment and license grants after 35 years do not apply. Works Created by Employees For works created by employees, a key issue is how to determine if the individual is an "employee" and the work was created in the "scope of employment.
Reid, U. Similarly, to determine whether the work was created within employee's scope of employment, courts generally apply Section of the Restatement Second of Agency's three-prong test, which examines whether the work:. Is of the kind the employee is employed to perform.
Occurs substantially within the authorized time and space limits. Is performed at least in part to serve the employer. See U. Auto Parts Network v. Works Created by Independent Contractors Work made for hire applies to a narrower subset of works created by independent contractors. Under the Copyright Act, for a commissioned work to qualify as a work made for hire:. Steven Logan Rivera. I have been a repeat consumer of PaperHelp.
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