- box should be checked “yes,” and Susanne’s name should be removed from the application.
- An application is submitted for a screenplay, naming a screenwriter as the author and a production company as the copyright claimant. The work made for hire question has not been answered and no transfer statement has been provided. The registration specialist will communicate with the applicant to determine whether the production company hired the screenwriter to create this screenplay as a work made for hire or acquired copyright in this work through a written agreement with the screenwriter.
- An application names Jeremy Roe as author of “text, photographs.” The work made for hire question is answered “no.” Berger & Berger, LLC is named as claimant and the transfer statement reads “for hire agreement.” The registration specialist will communicate with the applicant. The application indicates that Berger & Berger hired Jeremy to create this work as a work made for hire. Therefore, the company should be listed as the author, the work made for hire question should be answered “yes,” and Jeremy’s name should be removed from the application.
The U.S. Copyright Office will accept an application that provides the name of the individual who actually created a work made for hire, provided that the employer or the party that ordered or commissioned the work is identified as the author and the relationship between the employer and the employee, or the relationship between the person or organization that ordered or commissioned the work and the individual who actually created the work, is clearly indicated.
Example:
- Lawrence Jeffries is a staff copywriter for Freemont Enterprises, Inc. Lawrence prepared a brochure that describes the company’s newest product. The brochure is a work made for hire, because Jeffries prepared this work within the scope of his employment. Freemont Enterprises, Inc. should be named as the author of the work and the work made for hire box should be checked “yes.” Although there is no need to provide Lawrence’s name, the application will be accepted if it identifies the author as “Freemont Enterprises, Inc. employer of Lawrence Jeffries.”
614.2(B)(4) Volunteer Created Work Made for Hire
A work created by an individual volunteer(s) may or may not be considered a work made for hire, depending on the facts and circumstances of the case. If an application for registration names an organization or company as author and the work made for hire question has been answered “yes,” the U.S. Copyright Office will not communicate with the applicant if it appears that the work was created by a volunteer.
