What is Fair Use? Works Made for Hire?

by | Jan 27, 2022 | Academy, Copyright, Strictly Business Blog

Learn more about the basics of fair use, works made for hire and other copyright topics.

Codified in Section 107 of the Copyright Act, “fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.”

According to the United States Copyright Office (USCO), a copyrightable work is “made for hire” in two situations:

  • When it is created by an employee as part of the employee’s regular duties
  • When a certain type of work is created as a result of an express written agreement between the creator and a party specially ordering or commissioning it

When a work is a made for hire, the hiring or commissioning party is considered the author and the copyright owner.

To learn more about fair use and works made for hire, log in to the ASMP Academy’s Advanced Copyright Topics Curriculum to view the video and related content that includes documents to download and links to related copyright topics.

Visit the ASMP Academy Document Library to access related document templates – Works Made for Hire Clauses/Assignment and Works Made for Hire [Alternate Language].

As an ASMP member, you also have the benefit of signing up for a free Legal Clinic session to discuss any business or legal topic with a member of the ASMP legal team.

If you are not already a member, you can join ASMP today to take advantage of all of the incredible content in the ASMP Academy.

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