If you work in a creative field, it is important that you understand the concept of „work for rent“ – even if this term applies to the work you create and does not apply. Are you interested in promoting your career, personal development, networking and giving back? Then WITI is the right place for you! Become a WITI member and get exclusive access to our WITI events, webinars, online coaching circles, find mentoring opportunities (become a mentor; find a mentor) and much more! Even if a Member State of the European Union provides for the possibility of a legal person being the original rightholder (as is possible in the United Kingdom), the term of protection is generally the same as the copyright provision for a personal copyright, i.e. for a literary or artistic work. 70 years from the death of the human author or in the case of the works of the Miturge, 70 years from the death of the last surviving author. If the natural author or authors are not subsequently identified or known, the copyright period is the same as for an anonymous or pseudonymous work, i.e. 70 years from the publication of a literary or artistic work; or, if the work was not published during that period, 70 years after its creation.  (Copyright periods for works created before 1993 may be subject to transitional provisions).  NO: If the answer is no, the analysis ends – not „work for rent“ for your business. (Houston, you may have a problem) This is the simplest scenario in the „work for hire“ analysis, but especially among my start-up clients, it is of course also the least common. In general, a copyrighted work is the exclusive property of the person who created it (and provided that the author has not transferred all or part of the copyright to someone else).
This is the default rule. If, on the other hand, the work is created by an independent contractor or freelancer, it can only be considered a temporary work if all of the following conditions are met: Accordingly, the Copyright Act has created a „work made for hire or reward“, that is, a work prepared by an employee in the course of his employment. OR a specific type of work specifically ordered or ordered for use, provided that it has been expressly agreed in writing. In such cases, the employer or the person commissioning the work is considered the „author“ of the work. QUESTION 3: Was the work specifically commissioned or commissioned to be used as one of the nine categories of works listed under 17 U.S.C?.