This information is located in our software for artists. Some references within the text will be software related.

It is important to understand the difference between works for hire, and other working situations.
 
Legally, a work for hire is:
 
• A work prepared by an employee within the scope of his or her employment or
 
• A work specially ordered or commissioned for use as:
1. a contribution to a collective work; 2. as part of a motion picture or other audio visual work; 3. as a translation; 4. as a supplementary work; 5. as a compilation; 6. as an instructional text; 7. as a test; 8. as answer materials for a test; or 9. or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work for hire.
 
Original works of authorship fixed in any tangible medium or expression, now known or later developed, from which they can be perceived, recorded, or otherwise communicated, either directly or with the aid or machine or device.  Works of authorship include the following categories:
 
• literary works
• musical works, including any accompanying words
• dramatic works, including any accompanying music
• pantomimes and choreographic works
• pictorial, graphic and sculptural works
• motion pictures and other audio visual works; sounds recordings and architectural works.
 
What is not a work for hire:
 
Non-copyrightable matter, i.e. inventions, ideas, utilitarian works, procedures, processes, systems, models of operation, concepts, principles, discoveries, facts, U.S. Governmental works, works not lawfully obtained, works not original to employee, works in the public domain (i.e. not protected by copyright), obscene works, unoriginal works, works created by employees outside the scope of her/his employment titles, names, works, short phrases.
 
It may be important to investigate works for hire issues if you hire employees, or if you work for someone else.