Kentucky Work Made for Hire Author Contract

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Multi-State
Control #:
US-ET0527-AM
Format:
Word; 
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Description

Form used to commission an author to write an article on a subject for use separately and in conjunction with a publication subject to terms and conditions of the publisher and acknowledgment by the author that the article shall be a "work made for hire" within the meaning of the United States copyright laws.

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FAQ

Unlike the U.S. Act, the concept of "work made for hire" does not exist in Canadian law. As a general rule, the authorship of a work made pursuant to a contract remains with the employee or contractor, even where the ownership is held by the employer.

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.

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.

Copyright applies to all original literary, dramatic, musical and artistic works provided the conditions set out in the Copyright Act have been met. Each of these general categories covers a wide range of creations, including: literary works such as books, pamphlets, computer programs and other works consisting of text.

There is no provision in Canadian copyright law that corresponds to the ?work made for hire? doctrine in United States law. Therefore, unless an author of a work makes an assignment in writing of the copyright in the work to the person who commissions that work, the author owns copyright in the work.

Work-for-hire agreements are common in film, TV, and advertising, in which production companies often hire composers to create music specifically for their projects. Instead of receiving an initial fee and subsequent royalties, a work-for-hire creator receives only a one-time up-front fee for their work.

Among the other factors relevant to this inquiry are the skill required; the source of the instrumentalities and tools; the location of the work; the duration of the relationship between the parties; whether the hiring party has the right to assign additional projects to the hired party; the extent of the hired party's ...

The U.S. and Canada are both parties to international copyright treaties, however, meaning that works created in one country will be protected in the other country under that country's copyright laws.

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Kentucky Work Made for Hire Author Contract