Pennsylvania Work Made for Hire Author Contract

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Multi-State
Control #:
US-ET0527-AM
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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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How to fill out Work Made For Hire Author Contract?

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FAQ

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.

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.

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.

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.

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.

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.

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.

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.

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Pennsylvania Work Made for Hire Author Contract