Virginia Work Made for Hire Author Contract

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Multi-State
Control #:
US-ET0527-AM
Format:
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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FAQ

Employee work: Any work an employee creates for your company is considered work for hire. For example, you are the exclusive owner of the photos a photographer working for your company takes.

(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 ...

Among the other factors relevant to this inquiry are the skill required; the source of the instrumentalities and tools; the location of the work; the duration of the relationship between the parties; whether the hiring party has the right to assign additional projects to the hired party; the extent of the hired party's ...

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.

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.

Essentially, a freelance job is one where a person works for themselves, rather than for a company. While freelancers do take on contract work for companies and organizations, they are ultimately self-employed.

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.

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Virginia Work Made for Hire Author Contract