Page:Copyright Office Compendium 3rd Edition - Full.djvu/119

, Third Edition Question 4: Was the written agreement signed by the party that ordered or commissioned the work and the party who created the work?


 * If the answer is “no,” the work is not a work made for hire.


 * If the answer is “yes,” proceed to Question 5.

Question 5: Does the written agreement expressly state that the work shall be considered a work made for hire?


 * If the answer is “no,” the work is not a work made for hire.


 * If the answer is “yes,” proceed to Question 6.

Question 6: Was the work specially ordered or commissioned for use in one or more of the following types of works?


 * An atlas.
 * A test.
 * Answer material for a test.
 * A.
 * As part of a or other.
 * A.
 * A contribution to a.
 * A supplementary work.
 * An instructional text.


 * If the answer is “no,” the work is not a work made for hire.


 * If the answer is “yes,” the work is a work made for hire. For guidance in completing an application to register a work made for hire, see.

506.5&emsp;The Scope of the Copyright in a Work Made for Hire

Determining whether a work is a has important implications for the term of the copyright, the ownership of the copyright, and the ability to terminate a  or  involving the copyright. See Community for Creative Non-Violence v. Reid, 490 U.S. 730, 737 (1989) (“Classifying a work as ‘made for hire’ determines not only the initial ownership of its copyright, but also the copyright’s duration … [and] termination rights.”). Therefore, the U.S. Copyright Office encourages applicants to exercise judgment when answering the work made for hire portion of the application. Chapter 500 : 25