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.
North Carolina Work Made for Hire Author Contract
State:
Multi-State
Control #:
US-ET0527-AM
Format:
Word;
Rich Text
Instant download
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How to fill out Work Made For Hire Author Contract?
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FAQ
These self-employed individuals or entities are hired by a business to perform specific tasks or provide services, often for a set period. Unlike work for hire, independent contractors usually maintain ownership of the intellectual property they create during the contract unless stated otherwise.
Your employer cannot simply call you an independent contractor to avoid federal and state legal requirements ? if the characteristics of your job resemble those of an employee, then your employer must treat you as an employee. An independent contractor's job is characterized by independence.
When a work is deemed to be "made for hire," the employer (and not necessarily the employee-creator of the work) is deemed to be the author and therefore owns all rights associated with the work under copyright law.
A work for hire, or work made for hire, refers to works whose ownership belongs to a third party rather than the creator. Under general copyright principals, a copyright becomes the property of the author who created the work.
Once a work is considered one made for hire, the authorship and copyright ownership belong to the employer or the person or entity who commissioned the work of the independent contractor.
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.
An author is likely to be deemed an independent contractor where he or she controls the manner of his or her work and incurs the expenses of creating the work independently.
Under the law, the general rule is that the copyright in and to the work product of an individual employee or independent contractor is owned by that individual unless an exception applies. The ?Work for Hire? doctrine is an exception to such rule.