What is a 'work made for hire' in the Copyright context?

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as: work prepared by an employee within the scope of his or her employment; or work specially ordered or commissioned for use as:

1. a contribution to a collective work
2. a part of a motion picture or other audiovisual work
3. a translation
4. a supplementary work
5. a compilation
6. an instructional text
7. a test
8. answer material for a test
9. 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.

What is a 'Copyright'?

A copyright is, (as its name implies, derived from the "right to copy"), a protection to "original works of authorship" and is created through the authority of Article I, Section 8 of the United States Constitution. Congress has granted, through the United States Copyright Act of 1976, a series of protections for artists, writers, and musicians, and the companies for which they work. Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work, and only the author or those deriving their rights through the author can rightfully claim copyright.

What is a 'trademark'?

A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

What is a 'service mark'?

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

Do you have to register the trademark to own it?

No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.