Misconception about “Work Made for Hire” and Legal Risks - Lexology
“Work made for hire” means the copyright does not belong to the author
Copyright is basically understood as the exclusive right to make copies and control original works such as written works, newspapers, films, architectures, software, fine arts, etc., that are protected by copyright law for a limited period (usually 50 years after the author's death). The C symbol in the circle , which often appears in publications, is a public warning sign about copyrighted works. However, the law does not require that a symbol be present on the work to be entitled to copyright protection.
The Cornell Law School defines that copyright is the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something while the Harvard University assumes that copyright is the lawful right of an author, artist, composer, or other creator to control the use of his or her work by others.[1]
Often, only the author or those who are licensees from the original author are legally entitled to claim copyright. However, there is an exception to this rule being "work made for hire", whereby in case of a "made for hire" work then only employer (an individual or organization) shall be deemed as authorship even though the creation of that work was made by the employee. "Work made for hire", also known as “work for hire” or “WFH”, is derived from the US Supreme Court ruling of 1989 in the Community for Creative Non-Violence v. Case. Reid.[2]
Section 101 of the United States...
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