CCF: Should You Do Work For Hire? - Class Project

CCF: Should You Do Work For Hire? - Class Project - student project

Lucy, the Cartoonist

Lucy’s comic does not qualify as a work made for hire, and she does not seem to have any employment agreements that include creative work that could confuse her comic as work for hire.

Lucy’s live drawing sessions could qualify as a work for hire. However, since this is a weekly agreement, Lucy should make sure not to agree to terms that include wording such as “during the term of this Agreement” in her contract with her friend’s software company. Instead, to protect her comic and other creative works she produces for others or herself during the week, she should clarify that only designs and components of designs “for client pursuant to this Agreement are works made for hire”.

Lucy’s Barista job does qualify as work for hire and the lettering work she does during her shifts fits (or should fit) under her duties as an employee there.

Lucy filling in as an artist for the sci-fi Western comic is also work for hire. It is a contribution to a Collective Work.

And lastly, Lucy’s watercolor thank you could be considered work for hire and be claimed by the Fido company as she created the work under their contract. Lucy may want to read over the terms of that agreement and add that such creations are copyright transferred to the owners of the pets.

 

Juan-Carlo, the Remote Worker

The work that Juan-Carlo is doing for this portfolio could be considered work for hire under this employment agreement. Juan-Carlo should consider adding to his employment agreement that only the work he completes that is given to him by the helpdesk and his supervisor is under contract. However, Juan-Carlo may also want to consider purchasing a separate computer system to use for his personal projects.

 

Eleanore, the Art Professor

Eleanore would need to check her contract (if there was one) with the community center to see if she could reuse the project. If she can reuse the project, she should may sure her contract with the university gives joint-ownership of the work she uses/produces under their employment.