intellectual property

work made for hire

Under the Copyright Act, a work made for hire is:

"1) A work prepared by an employee within the scope of his/her employment; or

2) A work specially ordered or commissioned for use as a contribution to a collective work, as a part of a mo-tion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire."


fixed in a tangible medium of expression

Under the Copyright Act, a work is fixed in a tangible medium of expression "when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is 'fixed' . . .



In copyright law, a copy is the physical form in which the creative expression is fixed. Under the Copyright Act, "'Copies' are material object, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term 'copies' includes the material object, other than a phonorecord, in which the work is first fixed." 17 U.S.C. §101.



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