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The works made for hire doctrine applies when: (1) the creator is an employee who created the work within the scope of his employment, or (2) he is an independent contractor and the client specifically commissioned his work for a project.
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.
Copyright law defines works made for hire as (1) works prepared by an employee within the scope of his or her employment; or (2) a work specially commission for use as contribution to a collective work, as part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, ...
Specially Ordered or Commissioned Works 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.
(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 ...
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.
?Work-for-hire? means that you are paying the writer and, as a consequence thereof, own the screenplay and its copyright outright. You must enter into a written Work-for-Hire Agreement prior to the writer commencing work so that the copyright to the writer's work automatically vests in your production company or you.