...The work is created by an employee acting within the scope of his or her employment. • The work is specially ordered or commissioned for use: — as...other audiovisual work — as a translation — as a supplement to another work — as a compilation — as an instructional text — as a test or as answer...

...§ 101, under which specially ordered or commissioned works for hire are limited to works that are "for use as a contribution to a collective work, as a part of a motion picture or audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional...