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08/23/2010 02:06:36 AM · #26 |
You may also consider perusing the contents of This article.
Of particular interest is the comment:
"The Act does not contain a "work made for hire" concept that is comparable to that contained in the 1976 Copyright Act of the United States. Thus, while many categories of work created by independent contactors in the United States may qualify as works made for hire, such that the copyright therein is owned by the hiring party, the same does not apply in Canada. In Canada, in the absence of a written assignment of copyright, an independent contractor will own the copyright in the work he/she creates."
As I previously mentioned, you may wish to consult an attorney.
Ray
Sheesh... I just now realized you live in NJ... Okies, forget about the Canadian laws as they don't apply in this instance.
Message edited by author 2010-08-23 02:08:04. |
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08/23/2010 02:46:03 AM · #27 |
Originally posted by GeneralE:
The US Copyright Office has the specifics on works-for-hire -- you do not need to be either an employee or paid for the works to be considered as such. Circular 9 (available as a PDF from a link at the end of this entry will have all the details. You may or may not need a lawyer, but you should read and understand the actual law. |
Of particular relevance:
If a work is created by an independent contractor (that
is, someone who is not an employee under the general
common law of agency), then the work is a specially ordered
or commissioned work, and part 2 of the statutory definition
applies. Such a work can be a work made for hire only if both
of the following conditions are met: (1) it comes within one
of the nine categories of works listed in part 2 of the definition
and (2) there is a written agreement between the parties
specifying that the work is a work made for hire.
Since you are NOT an employee of the charity, and since that written agreement does not exist, then regardless of whether or not the work fits one of those 9 categories or not, it cannot be a work-for-hire. You own the work.
R.
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