In 1990, the U.S. Congress passed the Visual Artists Rights Act (VARA), which extended the protection of the Confederacy to visual authors. VARA has created a framework for aggrieved artists to take legal action against copyright holders who have retained a correct imputation or destroyed the work. But it also applied to visual work. Unless the worker and employer have agreed otherwise in writing, everything that happens outside of employment is not “interim work” and the worker automatically owns the copyright. An employer may, of course, agree to transfer its copyright on “interim work” to the worker. This agreement must be written and signed by both the employer and the employee. On the other hand, a loan contract for authors is less desirable than a copyright transfer contract. Under interim work, the client has all the rights from the outset, even if the contract is violated, while the author may, in the context of a transfer of rights, retain the rights until all contractual conditions are carried out. The retention of rights can be an imperative instrument when it is necessary to compel a client to fulfil his obligations. As I said at the beginning, writing is a business. Writers must protect themselves if they enter into a contract with another party. Keep in mind that rental work is only considered as such if it falls within one of the nine categories mentioned above and if a written agreement is signed by both parties before work begins.

The first situation applies only if the creator of the work is a worker and not an independent contractor. [1] The determination that a person is employed for the purpose of acting work is determined by the Agency`s common law[1], in which a court is attentive to a large number of factors in determining the existence of an employer-worker relationship. In the Supreme Court case, in which it is confirmed that the common law of agency should be used to distinguish workers from independent contractors in recruitment work, Community for Creative Non-Violence v. Reid[2] the court listed some of these factors: a software development agreement exists between a client and a developer whereby the customer enters into contracts with the developer for the creation and delivery of a particular software. The agreement ends either by the developer entrusting the client with ownership of the developed software, including all copyrights and patent rights to the software, or by the developer who grants the client a non-exclusive license for the use of the software. It may be that the client. B has a software idea to improve its own internal systems, but the customer has no intention or ability to produce and promote the software. If the customer doesn`t care if other companies, in the client company or otherwise, can use the software, it may make more sense for the customer to simply get a non-exclusive license from the developer so that the developer can release the software.

“Work done for rent” rules are generally unfair to writers. Given the extreme potential to lose control of copyright over creative work, it is essential that authors understand when a work is described as “for rented” and when it is not. After work for the hiring doctrine, work for rent can exist only in two circumstances: Make sure that the clearly defined contract work for contractors are created. It is also useful to include only one particular job in a contract. Avoid the inclusion of a language that binds future or previous work to the contract. The case back language must also be included as you own the copyright to the work if the client refuses the work for any reason and does not pay the agreed fee.