Works Made For Hire The General Rule Of Copyright Ownership

Question 1: Works made for hire is an exception to the general rule of copyright ownership. It is a category, defined by copyright law, which states that the author of a work is the commissioning party, not the actual creator of the work. Within this category, there are two classifications: (1) works created by an employee within the scope of employment and (2) specially commissioned works (Bouchoux, 2012). Employees, under the first classification, are determined by common law agency principles (Bouchoux, 2012). Meaning that â€Å"[i]f the person doing the work is an employee under common law agency principles and the work was done in the scope of employment, the employer†¦is the copyright owner† (Bouchoux, 2012, p. 232). While the determining factors are not exhaustive, some include: the employer maintains control over the work and the worker, the employer’s status is such that supports a business relationship, duration of the relationship, skill level of the employee, and benefits provided to the hired individual (Bouchoux, 2012). On the other hand, specially commissioned works is a work that is created by an independent contractor, but owned by the commissioning party. To meet this exception, three conditions must be met: the work must be specially ordered, the parties must agree to such in writing, and the work must fall into a category governed by section 101 of the Copyright Law. If all the conditions are met except the last one, it is not a work for hire.Show MoreRelatedWebsite Ownership Essay1086 Words   |  5 PagesMost small or large business owners are experts in their given field; therefore, they choose to hire experts in other fields. 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