The Works Made for Hire Doctrine and the Employee/Independent Contractor Dichotomy: The Need for Congressional Clarification

The author examines the works made for hire doctrine and the confusion that has arisen in the federal courts over it. The author reviews the development of the doctrine and recent case law interpreting its codification in the 1976 Copyright Act. He concludes that, although the U.S. Supreme Court may render a decision on the doctrine, Congresional legislation would be the best course for its clarification