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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 o
by 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)
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