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Yes, non-compete agreements can be enforceable in Texas, but they must meet specific criteria. The agreements must be no broader than necessary to protect the employer's business interests. For individuals working under a Travis Texas Work Made for Hire Writer Contract, understanding the terms of these agreements is crucial. Consulting legal resources or platforms like uslegalforms can help clarify any questions related to enforceability.
A work created by an employee within the scope of his or her employment is a work made for hire. The employer for whom the work is made is the "author" of the work for copyright purposes and is the owner of the work's copyright (unless the employee and employer have agreed otherwise).
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.
If a work is made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless both parties involved have signed a written agreement to the contrary.
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 their job, or some limited types of works for which all parties agree in writing to the WFH designation.
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.
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.
If a work is made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless both parties involved have signed a written agreement to the contrary.
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.
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.