(Unfortunately, some contracts contain clauses broadly asserting that the work is for hire, even when there is little or no basis for that characterization.) Even if the commissioned work does come within one of the categories, it is not a work for hire unless: There is a written agreement explicitly saying the commissioned work is for hire, and.
While I am confident that. The New Yorker does not make such an overreaching claim, other employers do sometimes include unfair anti-moonlighting clauses in their employment contracts or employee handbooks that purport to assert ownership over work created on the employees' own time.
By contrast, a "work made for hire" is forever. Since you are not deemed to be the "author" of a "work made for hire you or your heirs cannot exercise the termination right. For example, if you draft a company newsletter as part of your job, your company, not you, owns the rights in what you write for the newsletter. On the other hand, if youve written a novel or a computer application in your spare time, and that isnt your job, you, not your employer, own those rights. Consequently, Marley's family was unable to exercise the termination right to recapture ownership of the albums after 35 years and thereby negotiate a better financial deal for the rights going forward.