Copyright - Ownership - Work Made for Hire

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US-JURY-11THCIR-9-15
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Copyright Ownershiphi— - Work Made for Hire is a legal concept that defines the relationship between a person or entity that creates a work and the person or entity that obtains the rights to that work. It is a form of intellectual property law that governs the ownership of a creative work and its use. The three main types of Copyright Ownershiphi— - Work Made for Hire are as follows: 1. Copyright Ownership: This type of copyright ownership occurs when the author of a work owns the copyright in that work, and is able to control its use and distribution. This is the most common form of copyright and is typically found in books, movies, music, and other creative works. 2. Work Made for Hire: This type of copyright ownership occurs when a work is created for a specific purpose by someone other than the author, and the author assigns their rights to the employer or contractor. This type of ownership is typically found in works created for an employer or contractor, such as software development, engineering designs, or artwork created for an advertising campaign. 3. Joint Copyright Ownership: This type of copyright ownership occurs when two or more parties jointly own the copyright to a work. This type of ownership is typically found in works created by artists, authors, or songwriters who collaborate and share the rights to the work.

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FAQ

In the music world, ?work for hire? means you pay the contractor an upfront amount and you keep full ownership of the resulting song or album. This also means the contractor doesn't get a cut of royalties from the project. In short: A work for hire contractor agrees to receive nothing in the future.

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

(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

Work for hire is any created work that can be copyrighted like songs, stories, essays, sculptures, paintings, graphic designs, or computer programs.

Work for hire is a statutorily defined term (17 U.S.C. § 101) and so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person who actually creates a work is the legally-recognized author of that work.

When a work is deemed to be "made for hire," the employer (and not necessarily the employee-creator of the work) is deemed to be the author and therefore owns all rights associated with the work under copyright law.

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

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.

More info

A work is protected from the time it is created in a fixed form. If a creator produces a work, he is generally the owner of the copyright.The concept of work made for hire arises when you are creating copyrighted work while employed by, or as an independent contractor to, an employer or company. The author of a work made for hire. The initial owner of the copyright in the work unless that party and the work's creator agree differently in writing. Copyright law protects a work once it is created and placed in a fixed form. The general rule is that the author who created the work owns the copyright. Do employees or employers own the copyrights to works for hire? When a hiring party holds ownership of a creator's work as work made for hire, the creator will have none of the rights associated with copyrights. With a work for hire, all of the attributes of copyright ownership -- including credit and control -- vest in the hiring party, not the creator. Important!

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Copyright - Ownership - Work Made for Hire