Copyright Assignment For Independent Contractor

State:
Multi-State
Control #:
US-0578-WG
Format:
Word; 
Rich Text
Instant download

Description

The word copyright can be defined as a property right in an original work of authorship (such as a literary, musical, artistic, photographic, or film work) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. Copyright protection may be received regarding a wide range of creative, intellectual, or artistic forms or works. These include poems, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, radio and television broadcasts. The creator of the work has a limited monopoly on the work and can, with some exceptions, prohibit others from copying or displaying the work. The United States copyright law is contained in Chapters 1 through 8 and 10 through 12 of Title 17 of the United States Code.

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FAQ

If a work is made for hire, the employer or other person for whom the work was prepared is the author and should be named as the author on the application for copyright reg- istration. Respond yes to the question on the application about whether the work is made for hire.

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.

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.

Since an independent contractor (unlike an employee) owns the copyright rights to the product he or she creates under the contract, he or she must transfer or assign those rights in writing to the other party to comply with federal copyright law.

When the worker is an independent contractor, by contrast, intellectual property created by the contractor or consultant will not automatically be owned by the employer. This is true even if the idea, invention, or expression is made within the scope of the contractor's engagement or on the worksite of the employer.

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Copyright Assignment For Independent Contractor