In the United States, a « book for rent » (published after 1978) up to 120 years after its creation or 95 years after publication, depending on what occurs in the first place, enjoys copyright protection. This is different from the American copyright standard, the life of the author over 70 years, because the « author » of a work to rent is often not a real person, in which case the standard term would be unlimited, which is contrary to the Constitution. [9] Works published before 1978 do not distinguish in the concept of copyright between loan works and those with recognized individual works. First, if you are a regular worker, your employer will automatically own any work you do as part of your job as a job to hire. Article 101 of the Copyright Act (title 17 of the United States Code of America) defines the work created as part of a contract for the rental of works or services » (« Arbeit f-r Miete ») « as: 1) a work performed by an employee in the course of his employment; or (2) a work commissioned specifically as a contribution to a collective work, an element of a film or other audiovisual work, a translation, additional work, compilation, teaching work, test, test elements of a test response, or atlases, if the parties are expressly agreed, according to a written instrument signed by them, to consider the work as a work created under a contract to lease under such a contract, the translator has no rights to his work (don`t he be considered the author). When a work is made by an employee, the first part of the definition of the copyright code applies to a loaned work. In determining who is an employee, the Supreme Court of Ccnv/Reid has identified certain factors that characterize an « employer-employee » relationship within the meaning of Agency law: in all cases, any assignment or license of copyright is always expressly conditional on the full payment of the compensation owed to you. It is very important to ensure that your copyright is not legally transferred until you are paid. If the attribution of copyright or the licence does not depend on payment, the courts have decided that the copyrights had already been transferred when the contract was signed. This deprives you of the opportunity to assert that the continued use of your artwork without payment constitutes a copyright infringement.

Instead, your only recourse is an infringement fee to obtain the fees. Unlike a copyright infringement, the breach of the contract does not entitle you to an injunction that prevents the use of your work, legal damages or legal fees (see #1 laws, subtitle: Register your copyright!) Thus, the conditioning of the copyright or license guarantees, in the event of a full payment, that you are in the best negotiating position if your client does not pay you. In the absence of a full transfer of rights, you negotiate a copyright license. Licensing agreements are very factual and must be carefully crafted for each project. It is a lawyer who can help them develop it. As a general directive, here are some examples of possible arrangements that you can propose as an alternative to a work made for the lease (starting with the most favorable for artists and ends with the cheapest for customers).

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