The following guidelines should help you obtain and retain copyright ownership of creative works that are intended to qualify as a "work made for hire."
- Reduce to writing the rights of the employee and publisher with respect to employment-related works and other works.
- Have a written "work made for hire"
agreement with all freelancers and independent contractors who create
works that you want to qualify as a "work made for hire." Merely stating
that this is a "work made for hire" agreement does not make it one;
all the requirements of the independent contractor prong must be
satisfied.
- Make sure the written "work made for hire" agreement is signed by both parties before the creation of the work.
- Include an appropriate "assignment" clause in the "work made for hire" agreement that will serve as a back-up if the work does not qualify as a "work made for hire".
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