Washington 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

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, ...

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.

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.

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.

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.

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.

(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 ...

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.

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Washington Work Made for Hire Author Contract