1300-27
1317
Renewal claimants: proprietors. (cont'd)
1317.07
Employer in the case of a work made for hire. (cont'd)
1317.07(a)
Employer-claimant. Generally, in order for this basis of claim to be acceptable, the original copyright claimant must have secured the copyright by virtue of his employment of the "author," rather than through any transfer of rights after the work was completed.
1317.07(b)
Determinations by Copyright Office. The Copyright Office will generally make no effort to determine whether or not a particular agreement constituted employment for hire.
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A renewal claim as "author" will be questioned when the original records of the registration state that the work was made for hire.
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The claim will be registered if the individual was listed as "author" by virtue of being an employer in a work made for hire.
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A renewal claim as "proprietor of copyright in a work made for hire" will be questioned when the original copyright claimant was also the only author listed in the Copyright Office records. The claim will be refused if the person listed as author on the original records was not an employee for hire. However, if an explanation is offered indicating that the "author" was employed for hire, and inadvertently or by agreement with the employer, claimed copyright in his or her own name, the proprietor claim will be accepted.
[1984]
