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CREA TIVEFIRST COPYRIGHT 101

Section 101 A “work made for hire” is—
of the (1) a work prepared by an employee within the scope of his or her
Copyright employment; or (2) a work specially ordered or commissioned for
Act (title 17 use as a contribution to a collective work, as a part of a motion
of the U.S. picture or other audiovisual work, as a translation, as a
Code) supplementary work, as a compilation, as an instructional text, as a
test, as answer material for a test, or as an atlas, if the parties
expressly agree in a written instrument signed by them that the
work shall be considered a work made for hire. For the purpose of
the foregoing sentence, a “supplementary work” is a work
prepared for publication as a secondary adjunct to a work by
another author for the purpose of introducing, concluding,
illustrating, explaining, revising, commenting upon, or assisting in
the use of the other work, such as forewords, afterwords, pictorial
illustrations, maps, charts, tables, editorial notes, musical
arrangements, answer material for tests, bibliographies,
appendixes, and indexes, and an “instructional text” is a literary,
pictorial, or graphic work prepared for publication and with the
purpose of use in systematic instructional activities.
In determining whether any work is eligible to be considered a work
made for hire under paragraph (2), neither the amendment
contained in section 1011(d) of the Intellectual Property and
Communications Omnibus Reform Act of 1999, as enacted by
section 1000(a)(9) of Public Law 106-113, nor the deletion of the
words added by that amendment— (A) shall be considered or
otherwise given any legal signi cance, or (B) shall be interpreted to
indicate congressional approval or disapproval of, or acquiescence
in, any judicial determination, by the courts or the Copyright Of ce.
Paragraph (2) shall be interpreted as if both section 2(a)(1) of the
Work Made for Hire and Copyright Corrections Act of 2000 and
section 1011(d) of the Intellectual Property and Communications
Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of
Public Law 106-113, were never enacted, and without regard to any
inaction or awareness by the Congress at any time of any judicial
determinations.26 The terms “WTO Agreement” and “WTO
member country” have the meanings given those terms in
paragraphs (9) and (10), respectively, of section 2 of the Uruguay
Round Agreements Act.

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