Work-for-hire or transfer of copyright? Understanding your rights

In the publishing world, the concepts of “work-for-hire” andcopyright collage art “transfer of copyright” can be challenging to navigate. Authors are often confronted in the publishing agreements by language that is vague and complicated, such as:

“The work will be a work-made-for-hire as defined by the Copyright Act, but, if the work is deemed not a work-for-hire, author hereby irrevocably transfers all right, title and interest in the work to the publisher for the entire term of copyright throughout the world.”

Why would a publisher prefer the work to be a work-for-hire than an outright transfer and what is the difference between a work-for-hire and an irrevocable transfer of all right, title and interest? To answer these questions, one must have a clear understanding of the definition of each practice. [Read more…]