work made for hire

(1) a work prepared by an employee within the scope of his or her employment or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas. For works in group (2), the parties must agree in writing that the work will be considered a work made for hire. However, whether one is an "employee" for purposes of group (1) is a fact-based inquiry.

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