What is work for hire? Should I work for hire or sell or assign my copyright?
“Work for hire” can exist only under two conditions. First, it can exist in an employer-employee relationship where the work is part of the author’s employment. Indicia that you are an employee includes use of the employer’s work space and equipment, daily supervision by the employer, a regular salary from the employer, and health and pension benefits.
Second, a “work for hire” can be formed if (a) there is a written agreement that explicitly states the product will be a work for hire and (b) the product fits into one of nine categories. While these nine categories include authorship within the motion picture and television industries, authorship within theatre is NOT included.
Typically, a “work for hire” agreement to a dramatist includes the sentence, “If for any reason the Author’s work should be considered not a work for hire, Author hereby assigns the copyright in perpetuity to the [producer/theatre/etc.]. In other words, this agreement is a copyright assignment. Copyright assignments are far from standard practice in the theatre industry.
Related Articles
The Assignment Conspiracy: Dramatists and the So-Called "Work-Made-For-Hire"
Click below under "Attachments" to download and print this article.
Who owns the copyright in the case of translation?
Whether you are translating or being translated it is always best to try to own your copyright. It is not uncommon, however, for an author of an original work to commission a translation on a “work for hire” basis. If you are translating a public ...
What does registering my copyright accomplish?
Registering the copyright in your work with the U.S. Copyright Office is the one and only way you can avail yourself of the various rights and remedies provided by U.S. Copyright Law and defend your work against infringement.
How do I register my copyright?
The government’s website (www.copyright.gov) provides comprehensive information and instructions for copyright registration. Your registration is effective as of the day that the Copyright Office receives your completed application, application fee, ...
When should I register my copyright?
Generally, there are three points in the life of a work at which copyright registration and revised registration makes the most sense: (a) When you have finished a work and are prepared to start submitting it to theaters, festivals, agents, ...