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by jasrys
1017 days ago
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It depends, but yes, usually. Post-1978, the author of a work is also the copyright owner as soon as the work is fixed in a "tangible medium of expression" (written down, recorded, dictated, etc.). The exception to this is when the work was created as a "work for hire" (WFH) [1] for an employer. The rules around what constitutes a bonafide WFH are governed by agency law in the US. The primary court case in this area is The Community For Creative Non-Violence v. Reid which outlines a fairly high bar for a work to be considered a true WFH (it asks questions like: did you go to an office where the employer told you what to do and how to create it, did the employer provide you materials, did the employer pay you as a salaried employee rather than a contractor, how were you treated tax-wise and benefits-wise, etc.). That said, as the copyright owner at the moment of fixation, you can absolutely assign that copyright in writing to anyone you'd like. So functionally, there is usually a backup clause saying something like: "this is a work for hire for us, but, in the event it's deemed not a work for hire, you hereby assign the copyright to us anyway." [1] https://copyright.gov/circs/circ30.pdf
[2] https://en.wikipedia.org/wiki/Community_for_Creative_Non-Vio... |
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