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.
Nevada Work Made for Hire Author Contract
State:
Multi-State
Control #:
US-ET0527-AM
Format:
Word;
Rich Text
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How to fill out Work Made For Hire Author Contract?
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FAQ
This test considers the following factors: (1) at whose instance the work was prepared; (2) whether the hiring party has the power to accept, reject, modify, or otherwise control the creation of the work; and (3) at whose expense the work was created.
Under work for hire, the commissioning party owns all rights from the very start even if the contract is breached, whereas under a transfer of rights, the creator can hold back the rights until all terms of the contract are fulfilled.
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.
There are two situations in which a work made for hire is produced: (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 ...
(1) a translation, (2) a contribution to a motion picture or other audiovisual work, (3) a contribution to a collective work (such as a magazine), (4) as an atlas, (5) as a compilation, (6) as an instructional text, (7) as a test, (8) as answer material for a test, (9) or a supplementary work (i.e., "a secondary ...
In order for a contractor's work to be considered a ?work made for hire,? it must satisfy several conditions: (1) it must be ?specially ordered or commissioned? by the business; (2) must fit into one of nine enumerated categories identified in the Copyright Law; and (3) must be produced pursuant to a written agreement ...
While not always cut and dried, intellectual property created within the workplace context is typically deemed to belong to the employer, not the employee, even though the employee is the creator or inventor of the work in question.
There must be a written agreement between the party that ordered or commissioned the work and individual(s) who actually created the work. 3. In the written agreement, the parties must expressly agree that the work is to be considered a work made for hire.
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.
Work-for-Hire Doctrine 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.