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Work Made for
Hire:
(1)
A work prepared by an employee within the scope of his or her
employment; or
(2) A
work specially ordered or commissioned for use as a contribution to a
collective work, as a part of a motion picture or other audiovisual
work, as a translation, as a supplementary work, as a compilation, as an
instructional text, as a test, as answer material for a test, or as an
atlas, if the parties expressly agree in a written instrument signed by
them that the work shall be considered a work made for hire. For the
purpose of the foregoing sentence, a "supplementary work" is a
work prepared for publication as a secondary adjunct to a work by
another author for the purpose of introducing, concluding, illustrating,
explaining, revising, commenting upon, or assisting in the use of the
other work, such as forewords, afterwords, pictorial illustrations,
maps, charts, tables, editorial notes, musical arrangements, answer
material for tests, bibliographies, appendixes, and indexes, and an
"instructional text" is a literary, pictorial, or graphic work
prepared for publication and with the purpose of use in systematic
instructional activities.
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