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The copyright of a work belongs to its creator by default. (That's U.S. law; no contract is required to make that happen.) A standard contract for a contractor

The copyright of a work belongs to its creator by default. (That's U.S. law; no contract is required to make that happen.) A standard contract for a contractor will stipulate that the copyright will be assigned to the client upon payment. If payment never occurs, the copyright stays with the work's creator.

briandear 7y ago
See “work for hire” in US copyright law for a counter example.
dragonwriter 7y ago
> The copyright of a work belongs to its creator by default. (That's U.S. law; no contract is required to make that happen.) If it meets the criteria for a work-for-hire, the contracting party is the creator from the beginning for copyright law purposes (this is significant for reasons other than those under discussion; copyright transfers can reversed by the legal creator during a legally-specified window that occurs a few decades after the transfer, but a work-for-hire can't be recovered this way by the actual creator, since they aren't the legal creator), and owns the copyright unless specific contract terms specify otherwise.
- fuzz4lyfe 7y ago
  Without payment how can it be claimed that it was work "for hire"
- greenyoda 7y ago
  For contractors (in contrast to employees), it's not a "work for hire" by default. The contract must explicitly state that it's a "work for hire", and various other conditions must be met. From Wikipedia[1]: On the other hand, if the work is created by an independent contractor or freelancer, the work may be considered a work for hire only if all of the following conditions are met: - the work must come within one of the nine limited categories of works listed in the definition above, namely (1) a contribution to a collective work, (2) a part of a motion picture or other audiovisual work, (3) a translation, (4) a supplementary work, (5) a compilation, (6) an instructional text, (7) a test, (8) answer material for a test, (9) an atlas; - the work must be specially ordered or commissioned; - there must be a written agreement between the parties specifying that the work is a work made for hire by use of the phrase "work for hire" or "work made for hire." It doesn't seem that software written by one person meets any of the nine criteria above. (A "collective work" seems to refer to something like a magazine that contains the writings of several authors.[2]) [1] https://en.wikipedia.org/wiki/Work_for_hire#Law_in_the_United_States https://en.wikipedia.org/wiki/Work_for_hire#Law_in_the_Unite... [2] https://en.wikipedia.org/wiki/Collective_work_(US) https://en.wikipedia.org/wiki/Collective_work_(US)
  - georgesteve147 7y ago
    Do you need hackers for hire? Do you need to keep an eye on your spouse by gaining access to their emails? As a parent do you want to know what your kids do on a daily basis on all social networks in others to make sure they're not getting into trouble? Whatever it is, Ranging from Bank Jobs, Flipping cash, Criminal records, removal of mugshots ,DMV, Taxes, crypto currency fraud investigation Name it, they can get the job done www.assuredhacks.com

briandear 7y ago

See “work for hire” in US copyright law for a counter example.

dragonwriter 7y ago

> The copyright of a work belongs to its creator by default. (That's U.S. law; no contract is required to make that happen.) If it meets the criteria for a work-for-hire, the contracting party is the creator from the beginning for copyright law purposes (this is significant for reasons other than those under discussion; copyright transfers can reversed by the legal creator during a legally-specified window that occurs a few decades after the transfer, but a work-for-hire can't be recovered this way by the actual creator, since they aren't the legal creator), and owns the copyright unless specific contract terms specify otherwise.

fuzz4lyfe 7y ago
Without payment how can it be claimed that it was work "for hire"
greenyoda 7y ago
For contractors (in contrast to employees), it's not a "work for hire" by default. The contract must explicitly state that it's a "work for hire", and various other conditions must be met. From Wikipedia[1]: On the other hand, if the work is created by an independent contractor or freelancer, the work may be considered a work for hire only if all of the following conditions are met: - the work must come within one of the nine limited categories of works listed in the definition above, namely (1) a contribution to a collective work, (2) a part of a motion picture or other audiovisual work, (3) a translation, (4) a supplementary work, (5) a compilation, (6) an instructional text, (7) a test, (8) answer material for a test, (9) an atlas; - the work must be specially ordered or commissioned; - there must be a written agreement between the parties specifying that the work is a work made for hire by use of the phrase "work for hire" or "work made for hire." It doesn't seem that software written by one person meets any of the nine criteria above. (A "collective work" seems to refer to something like a magazine that contains the writings of several authors.[2]) [1] https://en.wikipedia.org/wiki/Work_for_hire#Law_in_the_United_States https://en.wikipedia.org/wiki/Work_for_hire#Law_in_the_Unite... [2] https://en.wikipedia.org/wiki/Collective_work_(US) https://en.wikipedia.org/wiki/Collective_work_(US)
- georgesteve147 7y ago
  Do you need hackers for hire? Do you need to keep an eye on your spouse by gaining access to their emails? As a parent do you want to know what your kids do on a daily basis on all social networks in others to make sure they're not getting into trouble? Whatever it is, Ranging from Bank Jobs, Flipping cash, Criminal records, removal of mugshots ,DMV, Taxes, crypto currency fraud investigation Name it, they can get the job done www.assuredhacks.com