Example:
- An application names Faith Church as the author of a sound recording and the work made for hire box is checked “yes.” In the Note to Copyright Office field, the applicant states that the recording was created by the members of the church choir. The registration specialist will register the claim without communicating with the applicant.
614.2(B)(5) Organization Named as the Author of a Work Made for Hire
If a legal entity, such as a corporation, limited liability company, limited partnership, limited liability partnership, foundation, university, or trust is named as the author of the work, the registration specialist will assume that the work is a work made for hire. This is due to the fact that an organization may be named as an author only if the work was created by the employees of that organization or if the organization specially ordered or commissioned the work as a work made for hire. In this situation the box marked “Is this author’s contribution a work made for hire?” should be checked “yes.” The application will be questioned if the box is checked “no.”
Examples: Application acceptable
- An online application names Legal Beagle Publishing, Inc. as author of “revisions and additional text.” The work made for hire question is answered “yes.” The application will be accepted.
- A paper application names The University of Perth-Amboy as author. The work made for hire question should be checked “yes,” but this portion of the application has been left blank. The registration specialist will register the claim on the assumption that the work was created for the University as a work made for hire.
- An application is submitted for a play. The deposit copy identifies Maryam Zamindar as the author of the work, but the application names Maryam LLC as the author and claimant. The work made for hire field has been checked “yes,” and Maryam certifies the application as an authorized representative of Maryam LLC. The registration specialist will register the claim on the assumption that Maryam is an employee of Maryam LLC.
Examples: Application questioned
- The application names the author as First Baptist Church and the work made for hire question is answered “no.” The registration specialist will communicate with the applicant.
- The application names the author as Art Corp. and the work made for hire question is answered “no.” The registration specialist will communicate with the applicant. Likewise, the application would be
