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Registration guidance is provided by explaining how authorship and copyright ownership are identified to the U.S. Copyright Office, and how scope of employment is assessed using agency-law 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determined for employee-created works?",{"text":72,"@type":64},"The terms aren’t specifically defined in the Act, and courts apply agency-law principles, evaluating facts such as required skill, workplace resources, relationship duration and control, payment structure, and whether the creator had an independent 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of an express written agreement between the creator and a party specially ordering or commissioning it  \nWhen a work is a made for hire, the hiring or commissioning party is considered the author and the copyright owner.  \nTo register a work with the U.S. Copyright Office, you generally must identify the author or authors of that work. In addition, you must identify the party that owns the copyright in the work. Ordinarily, the author is the person or persons who actually created the work you intend to register.“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 isnot 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.  \nWhether a work is a work made for hire is determined by facts in existence at the time the work is created. There are two situations in which a work made for hire is produced:  \n(1) when the work is created by an employee as part of the employee’s 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. When a work is produced under these conditions, the employer or the party ordering or commissioning the work is considered the author and copyright owner.  \nThe work made for hire concept can be complicated and has serious consequences for both the individual who creates a work and the hiring party who is considered to bethe author and copyright owner of that work. This circular draws on the Copyright Act and judicial interpretation to provide a general introduction to this topic and answer common questions. For more information, see chapter 500, section 506 or chapter 600, section 614 of the Compendium of U.S. Copyright Office Practices.  \nw  \n[copyright.gov](copyright.gov)  \nDefinition in the Copyright Law  \nThe definition of work made for hire in the Copyright Act applies to works created on or after January 1, 1978. For works created prior to 1978, see chapter 2100 of the Compendium of U.S. Copyright Office Practices. Section 101 of the Copyright Act defines a “work made for hire” as  \nA. A work prepared by an employee within the scope of his or her employment  \nor  \nB. A work specially ordered or commissioned for use  \n1. as a contribution to a collective work,  \n2. as a part ofa motion picture or other audiovisual work,  \n3. as a translation,  \n4. as a supplementary work,  \n5. as a compilation,  \n[6. as](6. as) an instructional text,  \n7. as a test,  \n[8. as](8. as) answer material for a test, or  \n[9. as](9. as) an atlas,  \nif the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.  \nA “collective work” is a work, such as a periodical, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.  \nA “motion picture” is an audiovisual work consisting of a series of related images that, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. An “audiovisual work” is a work consisting of a series of related images that are intrinsically intended to be shown by the use of machines or devices, together with accompanying sounds, if any. This definition holds regardless of the nature of the material objects in which the work is embodied.  \nA “supplementary work” is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other w","cbCailoIJawF7aMC","https://ap.wps.com/l/cbCailoIJawF7aMC","pdf",111958,8,"English","# Works Made for Hire\n## Definition in the Copyright Law\n## Scope of Employment","[{\"question\":\"When is a work considered “made for hire” under the Copyright Act?\",\"answer\":\"A work is made for hire when created by an employee within the scope of employment or when created under an express written agreement for certain categories of commissioned works.\"},{\"question\":\"Who is treated as the author and copyright owner for works made for hire?\",\"answer\":\"For legal purposes, the hiring or commissioning party is considered both the author and the copyright owner, not the individual who actually created the work.\"},{\"question\":\"How is “scope of employment” determined for employee-created works?\",\"answer\":\"The terms aren’t specifically defined in the Act, and courts apply agency-law principles, evaluating facts such as required skill, workplace resources, relationship duration and control, payment structure, and whether the creator had an independent business.\"}]","Works Made for Hire - Definition and Scope of Employment | PDF",1789576542]