In United States copyright laws, a work made for rent ( work for rent or WFH ) is copyright-constrained made by employees as part of their work, or some type of limited work agreed upon by all parties in writing to the designation of WFH. Working for hire is a legally defined term (17 U.S.C§§), so hired jobs are not made only because the parties agree that the job is a rented job. This is an exception to the general rule that the person who actually created a work is a legally recognized author of work. Under copyright laws in the United States and certain other copyright jurisdictions, if a work is "made for hire", the company - not an employee - is considered a legitimate author. In some countries, this is known as corporate authorship . An entity that serves as an employer may be a corporation or other legal entity, organization, or individual.
Video Work for hire
Akreditasi penulis di AS
Accreditation has no impact on work to be rented in the US. The actual creator may or may not be credited for employment publicly, and this credit does not affect its legal status. Countries that are members of the Berne Convention for the Protection of Literary and Artistic Works recognize copyright and moral rights separately, with moral rights including the actual rights of the content creator to identify themselves publicly as such, and to maintain the integrity of their work.
For example, Microsoft employs many programmers to develop Windows operating systems, which are credited only to Microsoft Corporation. Instead, Adobe Systems lists many Photoshop developers in its credit. In both cases, the software belongs to the employing company. In both cases, the creator actually has a moral right. Similarly, newspapers regularly credit news articles written by their staff, and publishers praise writers and illustrators who produce comic books that feature characters such as Batman or Spider-Man, but the publisher holds the copyright to the work. However, articles published in academic journals, or works produced by freelancers for magazines, are generally not made as leased works, which is why it is common for publishers to require copyright owners, authors, to sign a copyright transfer , a short legal document that transferred the copyrights of a particular author to the publisher. In this case the authors retain the copyright in their work which is not given to the publisher.
Maps Work for hire
Legal in United States
The condition in which a job is considered a "work made for hire" is determined by the United States Copyright Act of 1976 as well
(1) work prepared by an employee within the scope of his work; or (2) a work specially ordered or assigned to be used as a contribution to a collective work, as part of a film or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, , or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be regarded as work made for rent. (17 U.S. Ã, § 101)
The first situation applies only when the job creator is an employee, not an independent contractor. The determination of whether an individual is an employee for a job purpose made for a lease doctrine is determined under a common agency law, in which the court looks at many factors to determine whether employer-employee relations exist. In the case of the Supreme Court stating that the common law of agency should be used to distinguish employees from independent contractors in employment for lease context, Community for Non-Violence Creative v. Reid , the Court noted some of these factors:
In determining whether a hired party is an employee under general agency law, we consider the right of the holder to control the means and means by which the product is achieved. Among other factors relevant to this question are the skills required; source instrumentalities and tools; job location; length of relationship between the parties; whether the hiring party has the right to assign additional projects to the party hired; the extent to which the party is hired for when and how long to work; payment method; the role of the hired party in hiring and paying assistants; whether the employing party is in business; provision of employee benefits; and the tax treatment of the hired party. View Re-Statement Ã,§ 220 (2) (specifies a list of incomplete relevant factors to determine if the hired party is an employee). "
On the other hand, if the work is made by an independent contractor or freelancer, the work may be considered a job to rent only if all of the following conditions are met:
- the work must belong to one of the nine categories of limited works listed in the above definition, namely (1) contributions to collective work, (2) parts of the film or other audiovisual works, (3) translations, ( 4) additional works, (5) compilations, (6) instructional texts, (7) tests, (8) material answers for tests, (9) atlases;
- work must be custom or assigned;
- there must be a written agreement between the parties stipulating that the work is a job made for hire using the phrase "employment for hire" or "work made for rent."
In other words, the collective agreement that a work is a rented job is not enough. Any agreement that does not meet all of the above criteria is not a valid occupation for the lease agreement and all rights to the work will remain with the manufacturer. Subsequently, the court has declared that the agreement must be negotiated, although not signed, before the work begins. Retroactive jobs for rent are not allowed.
When relying on an agreement in which the creator transfers rights to the employer (copyright transfer agreement), the employer often finds that he or she has only limited space to change, update, or change jobs. For example, a movie may employ dozens of creators of copyrighted works (for example, music scores, scripts, sets, sound effects, costumes), one of which will require reissue with the creator if conditions for displaying the film or making a derivative from it change. Failure to reach an agreement with one of the creators can prevent the full screening of the movie. To avoid this scenario, film producers and similar works require that all contributions by non-employees are jobs made for hire.
On the other hand, the work for rental agreements is less desirable for creators than the Copyright transfer agreement. Under the lease, the commissioning has all the right from the beginning even if the contract is breached, while under the assignment, the creator can withhold until all contractual requirements are met. Restriction of rights can be a powerful tool when necessary to force the commissioning to fulfill its obligations.
A writer has the absolute right to terminate the transfer of copyright 35 years after agreeing to permanently release the copyright. However, according to the US Copyright Office, Circular 9 "the termination provisions of the law do not apply to jobs made for hire." This restriction, both in the work of lease doctrine and the right to termination of employment, is due to the recognition that artists often face unequal bargaining power in their business dealings. However, failure to obtain a work-to-hire agreement by a commissioning organization can create a difficult situation. One example is the statue of Raymond Kaskey artist in 1985 Portlandia , the iconic symbol of the city of Portland, Oregon. Unlike most public works of art, Kaskey has placed a strict prohibition on the use of sculptural images, located above the main entrance to the famous Portland Building. He sued Paramount Pictures to include a sculpture shoot in Madonna Body of Providence . As a result, it is virtually impossible to film part of one of the busiest neighborhoods in downtown Portland, and the city has lost the potential to create merchandise and souvenirs from one of its most iconic landmarks.
A writer may grant their copyright (if any) to the employer. However, if not a job made for hire, the writer or heir of the author may exercise their right to terminate the grant. Grant termination can not be effective up to 35 years after grant implementation or, if the grant includes publication rights, not earlier than 40 years after grant implementation or 35 years after grant-based publication (whichever comes first).
The application of laws to materials such as lectures, textbooks, and academic articles produced by teachers is somewhat unclear. The almost universal practice of education is traditionally acting on the assumption that they do not work for hire.
Where novice technology firms are concerned, some courts have considered that the traditional factors of finding that an author is an "employee" can be less important than in a more established company, for example if employees work remotely and not directly supervised. , or if the employee is paid entirely in equity without allowances or withholding tax.
Working for payment amendments
In 1999, a work for the related amendment was incorporated into the 1999 Satellite Audience Improvement Act. It stipulates that the sound recording of a musical artist can be categorized as a leased work from a recording studio.
Employer-employee relations under agency law
If a work is created by an employee, part 1 of the definition of the copyright code of a work made for hire is valid. To help determine who is an employee, the Supreme Court in CCNV v. Reid identifies certain factors that characterize an employer-employee relationship as defined by agency law:
- The employer's control over the job (for example, the employer may determine how the job is done, have the job done at the employer's location, and provide equipment or other means of making the job)
- Employer-controlled employees (for example, employers control employee schedules in creating jobs, have the right to require employees to perform other tasks, determine payment methods, and/or have the right to hire an employee assistant)
- The status and behavior of the employer (eg, the entrepreneur in the business to produce such a job, provide benefits to employees, and/or withhold tax from employee payments)
Copyright duration
In the United States, "employment for hire" (issued after 1978) receives copyright protection up to 120 years after its creation or 95 years after publication, whichever comes first. This is different from the standard US copyright term, the author lives plus 70 years, since the "author" of a hired work is often not the real person, in which case the standard term will be unlimited, unconstitutional. Works published before 1978 have no distinction in copyright terms between works made for hire and work with recognized individual authors.
In the European Union, even if the Member State provides the possibility of a legal person to be the original rights holder (as is possible in the UK), the duration of protection is generally the same as the copyright term for the copyright person: that is, for literary or artistic work, 70 years from the death of a human author, or in the case of a joint authorship, 70 years from the death of the last surviving author. If the author or author of nature is not identified, or becomes known later, the term copyright is the same as anonymous or pseudonymous work, which is 70 years from publication to literary or artistic work; or, if the work has not been published at that time, 70 years since its creation. (The copyright duration for works created before 1993 may be subject to transitional arrangements).
Exceptions are for editions of scientific or critical works in the public domain. As per article 70 of the German copyright law, the edition as a result of scientific or scientific analysis has a copyright of 25 years. Therefore, the urtext score editor of the opera by Beethoven will only receive 25 years of protection, but the full orchestral part arrangement for the piano will receive full 70 year protection - calculated based on the publication of the piano setting and not the death of the editor. Editing is the right work-to-hire activity.
See also
- Copyright Act of 1976 (USA)
- Copyright, Design, and Patent Act 1988 (CDPA; UK)
- Copyright law of the European Union
- Derivative works
- World Intellectual Property Organization (WIPO)
References
Further reading
- Landau, Michael (April 2000). "Ownership Issues in Copyright Law " ".GigaLaw.com Archived from the original on August 12, 2002 . Retrieved October 25, 2007 .
- Garon, Jon M.; Ziff, Elaine D. "Works Made to Hire Doctrine Revisited: Startup Employee and Technology and Contract Usage in Recruitment Relations" (PDF) . Minnesota Journal of Law, Science & amp; Technology. 2011; 12 (2): 489-527 . Retrieved January 9, 2013 . Ã,
External links
The copyright codes of various countries are associated with Jobs For Hiring:
- Ireland
- Copyright and Related Rights, 2000
- Swedish
- "Copyright" and "Trademarks" in Sweden.
- United States
- "Circular 9: Jobs Made for Employment under the Copyright Act 1976". Circle of information provided by the Government Offices of the U.S. Office.
- "Works Made to Work under the Copyright Act 1976". Works Made For Full Employment.
- "Definitions" in part number USC 101 of Title 17 US Code. Provide a definition of various "Jobs for rent"; "Derivative works" based on WFH; and many other definitions of the related terminology used in the U.S. Copyright Code.
- World
- "Intellectual and Artistic Copyrights Work" in WIPO. (Searchable sites)
- UNESCO Collection of National Copyright Law
Source of the article : Wikipedia
0 Comments