According to section 101 of the Copyright Act
The work must fall under one of the mentioned categories, must have been included in a written agreement, must have been specifically stated as a work made for hire, and signed by all parties in order to be considered a work made for hire.
The definition for “employee” or “consultant” doesn’t exist within the Copyright Act, which is a complicating factor. The concept is based off of the level of control an individual has over the work.
Some things to keep in mind when determining whether you are considered an employee:
If a work were to fall under the category work-made-for-hire:
-The duration of copyright would be either 95 years from date of publication or 120 years from date of creation, whichever expired first.
-My employer would be the owner of copyright as well as the author
The purpose of this guide is to provide resources and information for resolving copyright questions. This research guide does not supply legal advice nor is it intended to replace the advice of legal counsel.