In addition to the requirement of a signed, written agreement expressly calling the arrangement a “work made for hire,” a work created by an independent contractor is not a “work made for hire” unless it is created after it is commissioned (not before), and falls into at least one of the following categories:
- Translation
- Contribution to a collective work (e.g., an article for a magazine, a chapter for a book, illustrations for a book, etc.)
- Part of a motion picture or other audiovisual work
- Supplementary work (e.g., a foreword for someone else’s book)
- Compilation
- Instructional text
- Test material
- Answer material for a test
- Atlas.