-17 u.s.c ? 201(b 26 “ a ‘work made for hire’

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comprised in the copyright.” --17 U.S.C. § 201(b) 26 “ A ‘work made for hire’ is— (1) a work prepared by an employee within the scope of his or her employment (this is really anything); 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 written instrument signed by them that the work shall be considered a work made for hire. . . . (very limited universe of things, basically motion pictures are the main thing)” --17 U.S.C. § 101 (Assignment is allowed, you can always make a contract where the person gives you the copyright, different from work for hire. Transfer has to be in writing but not registered with the copyright office and you can sue without the author) 27 Community for Creative Non-Violence v. Reid a there was no contract b they wanted a sculpture and then there’s disagreement about what to do with it next c Reid gets a copyright and refuses to get it back so then CCV sues saying they have the copyright, not Reid d fail under second part of the statute so have to get it under the first and it becomes a big deal if he’s an employee e court determines he wasn’t an employee (the same way as agency law defines it and is on slides). Tax treatment is the big determinative f “A ‘joint work’ is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” 17 U.S.C. § 101. Control is the main factor 40 of 55
g (1) A copyrightable work; (2) Two or more authors; and (3) The authors must intend their contribution be merged into inseparable or interdependent parts of a unitary whole. h (1) An author superintends the work by exercising control; (2) Coauthors make objective manifestations of a shared intent to be coauthors; (3) The audience appeal of the work turns on both contributions and the share of each in its success cannot be appraised. i Settlement i Reid is the sole author of the work ii CCNV is the sole owner of the original copy of the work and all § 109 rights iii Reid is the sole owner of all § 106 rights with respect to 3-D reproductions of the work iv CCNV and Reid are co-owners of all § 106 rights to 2-D reproductions of the work; neither party needs to obtain the other’s consent to exercise these rights, including licensing; CCNV will credit Reid as the sculptor on its 2-D reproductions v Reid will not include the base on his 3-D or 2-D reproductions; Reid will inform all actual and potential purchasers of his 3-D or 2-D reproductions in writing that he is not affiliated with CCNV and the sales do not benefit CCNV vi Each party keeps whatever it earns from its exercise of these rights 28 Scope of Employment for Work for Hire a Within the kind of work the person is employed to perform b Occurs substantially within the authorized time and space limits

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