Puerto Rico Work Made for Hire Author Contract

State:
Multi-State
Control #:
US-ET0527-AM
Format:
Word; 
Rich Text
Instant download

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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FAQ

(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 ...

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.

Elements of a work-for-hire agreement Scope of the project?exactly what is to be done or produced. Due date of the project?negotiated with regard to both parties' schedules. Rights to be sold. Payment terms. Confidentiality terms (if any) Arbitration terms (if any) Severability?getting out of the agreement.

Copyright Ownership If a work is made for hire, the employer or the party that specially ordered or commissioned that work is the initial owner of the copyright in the work unless the employer or the commissioning party has signed a written agreement to the contrary with the work's creator.

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.

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.

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.

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Puerto Rico Work Made for Hire Author Contract