Hiring party hiring party is in business provision of

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hiring party; Hiring party is in business; Provision of Employee Benefits; Tax treatment of the hired party.The work must be prepared within the scope of his/her employment. oInstance and Expense Test (1909 Copyright Act – has to be before 1976)Was a work created at somebody’s instance and expense?Made it easy for employers to claim “work made for hire.” More “company-friendly.”101(2) – “Specially Commissioned” WorksIf the person creating the work is not an employee, the only other mechanism for the work to qualify as a “work made for hire” is under the second definition:If a work is specially commission in writing and fits into one of the 9 categories in statute The Copyright Act’s Second definition has (2) requirements:Writing requirement – Requirement of a Signed Written Instrument, and,Categories of Eligible Works – That type of work falls within (1) of the (9) categoriesoContribution to a Collective WorkoPart of a Motion Picture or other Audiovisual workoA TranslationoA Supplementary Work Supplementary Work = A work prepared for publicationas a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assistant in the user of other works, such as forwards, afterwards, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer materials for tests,bibliographies, appendixes, and indexes. oA CompilationoAn Instructional Text A literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.oA Test oAn Answer Material for a TestoAn AtlasHowever, sound recording, sound composition, computer software/code, and books—not included
oGovernment Works – (Section 105)Copyright protection is not available for any work of the U.S. Government, but the Government is not precluded from receiving and holding Copyrights transferred to it by assignment, bequest, or otherwise. i.e. Supreme Court decisions are Public Domain and not Copyrightable.Annotations of the law may be Copyrighted. Fixation Embodimento“perceived” requires that the copyrighted work or infringed work be embodied in tangible mediumOn paper—not just in your head Speeches: re-recorded to claim copyright protection oFixated, written down Duration ohas to be for longer than the transitory duration. i.e. 1.2 seconds to make that copyoCatalogs/White PagesLists placed in alphabetical order don’t seem to receive much protection oUnauthorized useNo copyright protection oParodiesCourts have given a lot of protection to parodies (protected as fair use) oUSEFUL ARTICLES WITH PICTORIAL, GRAPHIC, AND SCULPTURAL DIMENSIONSUseful Article = Any article having an intrinsic utilitarian function that is not meant to merely portray the appearance of the article or to convey information.

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