For code developed by the employee (to power an app, game or program) that is not work made for hire
, that employee will always be deemed the author for purposes of U.S.
on a court's interpretation of the work made for hire
If a hired party is not an employee under Reid, the "work made for hire
" doctrine may still apply if the hired party is determined to be an independent contractor; however, two requirements must be satisfied.
"Just like a reporter who writes for a newspaper--his stories are work made for hire
and they are owned by the newspaper from the start," Smith says.
Ownership of the copyright for a "work made for hire
" belongs to the employer.
Each Recording made by Artist during the Term and each Recording furnished to Company by Grantor or Artist under this agreement or during the Term (excluding the underlying Composition), from the inception of recording, shall be considered a work made for hire
for Company; if any such Recording is determined not to be a work made for hire
for Company it shall be deemed transferred to Company by this agreement, together with all rights in it, throughout the Territory ...
It requires that the work be (1) specially (23) ordered or commissioned, (2) created as the result of a written agreement that expressly refers to the work as a "work made for hire
," and (3) a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an instructional text, a test, answer materials for a test, or an atlas.
Reid adopted the common law of agency for the interpretation of the term "employee" in the context of "work made for hire
Congress specified a list of nine categories of works that could be specially ordered or commissioned as a work made for hire
: (1) collective works, (2) parts of audiovisual works, (3) translations, (4) supplementary works, (5) compilations, (6) instructional texts, (7) tests, (8) answers to tests, or (9) atlases.
Section 101(2) of the Copyright Act provides for a second type of work made for hire
that are created by non-employees.
The first was a divorce case in which an artistic director's direction of a play was found to be work made for hire
, and therefore was owned by the theatre that employed him.
In the case of a work made for hire
, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.