FOR EDUCATIONAL USE ONLY
This table does not constitute legal advice – if you have questions, please contact [email protected]
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Work-For-Hire |
Assignment of Work Product |
| Defined by the United States Copyright Act of 1976 ((17 U.S.C. § 101)) as:1) a work prepared by an employee within the scope of his or her employment; OR2) 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. |
Defined by the general principles of contract law, state and federal business and employment regulations. Overly broad assignments and holdover clauses risk being held unenforceable in court. |
| Work-for-Hire clauses protect copyrightable work – e.g. artwork, work that is part of a motion picture or video, work included in a textbook or atlas | Assignment of Work product clauses assign title and interest in inventions and ideas to the assignee (i.e. client, company, or employer) |
| Language in any Work-for-Hire agreement should specify the nature of the relationship between the Company and the person undertaking work.Work-for-Hire agreements with someone other than an employee (e.g., an independent contractor) must be for work that falls within one of nine specific categories: contribution to a collective work; part of a motion picture or other audiovisual work; translation; supplementary work; compilation; instructional test; test; answer material for a test; or atlas. If the work requested does not fall into one of these categories, there is no Work-for Hire protection. | Other important provisions that are generally included in Assignment of Work Product clauses are:1) Disclosure Language: Requires the employee to promptly disclose all details of all inventions, discoveries, improvements etc. that result from the use of the employer’s facilities, equipment, material etc.2) Power of Attorney: Allows the employer to exercise ownership rights without the employee’s consent.
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