Definition of Work Made for Hire in the Copyright Act of 1976: Hearing Before the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, Second Session, on S. 2044 ... October 1, 1982
U.S. Government Printing Office, 1983 - 159 lappuses
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accept additional agree agreement Amendment American apply artists assignment Association bargaining basis believe benefits bill clause collective commissioned Committee composers compromise Congress considered continue contract contribution contributor Copyright Act copyright law created creation creative creator definition director edition editors effect effort employee express fact field freelance give Graphic Guild hearings hire House illustrations independent individual industry instructional texts interest issue legislative magazine material motion picture needs negotiate opportunity original ownership paid particular parties payment periodicals person photographers practice prepared present President problem producer proposed protection provisions publication publisher reason receive record reference Report represent requiring respect revision risk Section 101 Senator MATHIAS separate signed Society specially ordered specific staff statement submitted talent termination Thank tion transfer United work-for-hire writers written York
46. lappuse - work made for hire" is defined as: (1) "a work prepared by an employee within the scope of his or her employment"; or (2) "a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a wntten instrument signed by them that the work shall...
46. lappuse - In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.
46. lappuse - The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.
46. lappuse - Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution.
46. lappuse - Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title.
46. lappuse - Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied.
38. lappuse - Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object § 203.
46. lappuse - For the purpose of the foregoing sentence, a "supplementary work" is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwards, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an "instructional text...
46. lappuse - In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.
46. lappuse - When an individual author's ownership of a copyright, or of any of the exclusive rights under a copyright, has not previously been transferred voluntarily by that individual author, no action by any governmental body or other official or organization purporting to seize, expropriate, transfer, or exercise rights of ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effect under this title except as provided under Title 11.