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Intellectual Property Law

Columbia Law School

2011

Audiovisual works

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Full-Text Articles in Law

Audiovisual Works And The Work For Hire Doctrine In The Internet Age, John L. Schwab Jan 2011

Audiovisual Works And The Work For Hire Doctrine In The Internet Age, John L. Schwab

Kernochan Center for Law, Media, and the Arts

The work for hire doctrine is a legal mechanism by which the creator of an artistic work’s employer is deemed the author of that work. While, historically, such employer ownership schemes were not recognized by courts, today the work for hire doctrine is a firmly embedded part of American copyright law. In particular, work for hire has developed into an essential tool of the audiovisual entertainment industry. As discussed in Part I.B, infra, there are a number of reasons that work for hire is a particularly useful ownership allocation scheme for audiovisual works.

Modern technological developments are, however, rapidly altering …