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FAQ

Sometimes there is no written contract, but the contract is implied through an oral understanding or simply by the behavior of the employer and the employee.

The term of copyright protection of a work made for hire is 95 years from the date of publication or 120 years from the date of creation, whichever expires first. (A work not made for hire is ordinarily protected by copyright for the life of the author plus 70 years.)

A work for hire agreement is when you give up all ownership and administration rights for the life of a work's copyright in exchange for a flat fee. It is an exception to the prevailing rule that the person who creates a work is its legally recognized author.

The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either:were specifically hired (even without a written agreement) for your inventing skills or to create the invention.

But to qualify, a commissioned work must be specified as a work made for hire, either in a contract or other writing, and the work must fit within one of the following categories: (i) a contribution to a collective work, (ii) a part of a motion picture, (iii) a translation, (iv) a supplementary work, (v) a compilation,

2. 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.

Work agreement means a written agreement between the employer and employee that details the terms and conditions of an employee's work away from his central workplace.

Generally, the person who creates a work is considered its author and the automatic owner of copyright in that work. However, under the work made for hire doctrine, your employer or the company that has commissioned your work, not you, is considered the author and automatic copyright owner of your work.

In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of his or her job, or some limited types of works for which all parties agree in writing to the WFH designation.

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