- questioned if the work made for hire question is answered “no” and the application identified the author as Art Inc., Art LLC, Art LLP, Art S.A., Art plc, Art A.G., Art GmbH, or the like.
614.2(B)(6) Individual Named as Author of a Work Made for Hire
When an applicant names an individual as the author (rather than a legal entity) and answers the work made for hire question “yes,” the registration specialist may communicate with the applicant if, based on the Office’s experience and based on the information set forth in the deposit copy(ies) or elsewhere in the registration materials, it appears unlikely that the work is a work made for hire.
If the information in the registration materials suggests that the individual is the employer of another person, the specialist will assume that the work was created by the individual’s employee(s) while acting within the scope of their employment. If it appears that the individual may have commissioned the work, the specialist will assume that the work was specially ordered or commissioned by that individual, provided that the work falls within one or more of the nine categories of works listed in the statutory definition of works made for hire.
Examples: Application acceptable
- An application for a travel book containing text and illustrations names Roland Fingers as the author of the “text” and the work made for hire question is not answered. The application also names Roland as author of “illustrations” with the work made for hire question answered “yes.” Roland Fingers is listed in the deposit copy as the author of the text, but Jason Foote is named as the author of the illustrations. The registration specialist will register the claim without communicating with the applicant. The illustrations are considered a supplementary work, which is one of the nine categories of works that may be specially ordered or commissioned. Therefore, the specialist will assume that Roland and Jason signed a written agreement specifically stating that Jason would create the illustrations for Roland as a work made for hire.
- An application is submitted on Form SR along with a compact disc. The applicant names the performing artist Tammy Conklin as the author of the sound recording that appears on the CD. The applicant also names Tammy as the author of the photograph that appears in the cover art with the work made for hire box is checked “yes.” The photograph appears to be a photo of the performing artist, and a statement on the CD identifies Donald Blake as the author of the photograph. The registration specialist will register the claim without communicating with the applicant. The photograph is considered a contribution to a collective work, which is one of the nine categories of works that may be specially ordered or commissioned. Therefore, the specialist will assume that Tammy and Donald signed a written
