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.
Tennessee 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
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.
A ?work for hire? clause in many instances gives ownership of a creator's work to the creator's employer as if the employer were the author from the moment of inception. This contradicts the general rule that the creator of a work owns the copyright.
[17 USC § 101]?[A] work can only be considered a work for hire if it was created within an author's scope of employment or if it was a commissioned work created by an independent contractor in one of the nine specifically enumerated categories in the statute.? Aluko, at 121.
For example, if an engineering firm hires an engineer to create software or hardware, the work-for-hire concept is in force, and the creations of the engineer are the property of the company. As long as the work is created in the scope of what an employee was hired to do, then it's covered by work-for-hire law.
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.
The Employee agrees that any work, invention, idea or report that he produces or that results from or is suggested by the work the Employee does on behalf of the Company or any of the Company Affiliates is ?work for hire? (hereinafter referred to as ?Work?) and will be the sole property of the Company.
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.
