Work for hire agreements grant employers broad rights and control over the creative work, there are certain limitations. Not all creative works fall under the category of work made for hire. Generally, works created by independent contractors or employees outside the scope of employment are not considered works made for hire unless there is a specific agreement stating otherwise.

Employers cannot exceed the scope of the granted rights, infringe upon the creator’s moral rights, or engage in activities that are outside the agreed-upon terms of the contract. Additionally, works created before 1978 have different criteria for determining their classification.

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