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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. The employer can be a firm, an organiza- tion, or an individual. The concept of “work made for hire” can be complicated.
There are two situations in which a work made for hire is produced: (1) when the work is created by an employee as part of the employee’s regular duties and (2) when a certain type of work is created as a result of an express written agreement between the creator and a party specially ordering or commissioning the work.
Such a work can be a work made for hire only if both of the following conditions are met: (1) it comes within one of the nine categories of works listed in part 2 of the definition and (2) there is a written agreement between the parties specifying that the work is a work made for hire.
“Work made for hire” doesn’t need to cause worry and confusion. Understanding its meaning and application – and coming to a clear understanding with your client about who will own your work – will go a long way toward getting you both the agreement you want.
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.
Copyright Law For Educational Purposes One answer, represented by Canada, is a mix of broader copyright exceptions for the use of excerpts for educational purposes combined with a shift … the 2012 legislative changes merely reflected the … Mgm Studios Vs Grokster Original Works Are Protected By To be protected by copyright, the work must be more than an idea.
Mask Works Intellectual Property Copyright Image Fair Use Images are subject to the laws of copyright and intellectual property. Before using a copyrighted image, you must determine if you can claim that your use falls under the Fair Use … Mar 18, 2019 · In an academic setting, the application of fair use to using images in course materials especially
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A recent case out of the Second Circuit says “Yes. Third parties have standing to assert the defense that a copyright owner’s claim of ownership is erroneously based on Work Made for Hire …