Bronx New York Work Made for Hire Writer Contract

State:
Multi-State
County:
Bronx
Control #:
US-ET0523AM
Format:
Word; 
Rich Text
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Description

This is a model contract form for use in business settings, a Work Made for Hire Writer Contract. Available for download in Word format.
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FAQ

Works made for hire are an exception to this rule. 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.

There is, however, an exception to this principle: works made for hire. If a work is made for hire, an employer is considered the author even if an employee actually created the work.

Some Examples of Work for Hire A patent created by a scientist or engineer who was commissioned to work on the invention by the company. Work by an employee or independent contractor on something that can be copyrighted, like a book, article, website content, or social media.

In order for a contractor's work to be considered a work made for hire, it must satisfy several conditions: (1) it must be specially ordered or commissioned by the business; (2) must fit into one of nine enumerated categories identified in the Copyright Law; and (3) must be produced pursuant to a written agreement

Unlike the U.S. Act, the concept of "work made for hire" does not exist in Canadian law. As a general rule, the authorship of a work made pursuant to a contract remains with the employee or contractor, even where the ownership is held by the employer.

Since a work does not become "for hire" unless the work falls within one of these nine narrow categories, a written work for hire agreement does not always result in a work becoming "for hire." For example, a novel, can never be a work for hire, because it doesn't fall into one of the nine categories of works eligible

Primary tabs. 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.

Works Created by Employees Are Typically Made For Hire A work that is prepared by an employee within the scope of her employment is considered a work made for hire. Consequently, the employer, rather than the employee, would be the owner of the protected work.

Accordingly, the novel would not qualify as a work made for hire. Unless the employee and employer have agreed in writing otherwise, anything created outside the scope of employment is not a work made for hire, and the employee automatically owns the copyright.

The parties must agree in a signed written instrument that the work is considered a work made for hire.

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Bronx New York Work Made for Hire Writer Contract