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> That would be a work for hire ....

Not necessarily, in fact perhaps not even usually.

1. The consulting contract might or might not provide for the client to own any work product created. Many such contracts provide that the client will own only the specific end product, while the consultant retains ownership of any reusable "Toolkit Items."

But what if the contract is silent about ownership of consulting work product?

2. As to copyright: Under U.S. copyright law, the default mode is that IF: An original work of authorship is created outside an employer-employee relationship, THEN: The copyright is owned by the individual author (or jointly by multiple co-authors) UNLESS: A) the work of authorship falls into one of nine specific statutory categories, and B) the parties have expressly agreed in writing, before the work was created, that it would be a work made for hire. [0] [1]

3. Any patentable inventions would be owned by the inventor(s) unless they were employees who were "hired to invent" or "set to experimenting," in which case the inventions would be owned by the employer; so far as I recall, this doesn't apply in the case of outside-contractor consulting projects — the client would not own any resulting inventions unless the contract specifically said otherwise. [2]

[0] https://www.law.cornell.edu/uscode/text/17/201 (ownership of copyright)

[1] "A 'work made for hire' is—(1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned [A] for use as a contribution to a collective work, [B] as a part of a motion picture or other audiovisual work, [C] as a translation, [D] as a supplementary work, [E] as a compilation, [F] as an instructional text, [G] as a test, [H] as answer material for a test, or [I] 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." From https://www.law.cornell.edu/uscode/text/17/101

[2] See the annotated flowchart at http://www.oncontracts.com/docs/Who-owns-an-employee-inventi... (self-cite).



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