In this article, we talked about works made for hire by employees and independent contractors, the differences between employees and independent contactors under copyright law, how to properly create a work made for hire agreement, and when to possibly use an assignment instead of a work made for hire agreement. We’ve covered a good bunch of material! Now, you should have a much better understanding of how a "work made for hire" can be created.
With that said, there are no clear cut rules to when an individual may be considered an "employee" or "independent contractor" for copyright law purposes. In situations where it may not be so clear, you may want to consult an attorney for further assistance. Finally, we encourage that you read the supplement to this article,
"Work Made for Hire – Top 10 Questions" That article will answer some of the most common questions associated with works made for hire. Also, take a look at the related articles listed below to learn more about this area of the law.