400-28
485
Motion pictures: special problems. (cont'd)
485.01
Fixation as it relates to publication. (cont’d)
display. 17 U.S.C. 101. This sentence is generally recognized as including motion picture distribution practices. Inherent within the definition as a whole is the presumption that copies are in existence and ready for distribution before a work can be published. Thus, offers in the form of advertising, and catalog or other distribution offers made before or during production of the motion picture, do not constitute publication. For a general discussion of fixation, see Chapter 100: BASIC POLICIES.
485.02
Works made for hire. A "work made for hire" is a work prepared by an employee within the scope of his or her employment: or … a work specially ordered or commissioned for use … as a part of a motion picture or other audiovisual work … if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. 17 U.S.C. 101. Ordinarily, a motion picture embodies the contributions of a number of persons who are employees in a work made for hire, either by virtue of being employees working within the scope of their employment, or by special written agreement that their contribution shall be considered a work made for hire. In the case of a work made for hire, the employer, and not the individual employees who actually created the work, is considered the "author" for copyright purposes. For a general discussion of authorship, see Chapter 200: COPYRIGHTABLE MATTER -- IN GENERAL.
[1984]
