Assignment of Copyright Agreement

In general, copyright ownership resides with the author or creator of an original unpublished work that is in a fixed, tangible form (the “Work”), unless the Work constitutes a work made for hire (“Work Made for Hire”). The Assignment of Copyright document contained in this national minute/policy is to be used when The Salvation Army wishes for an author or creator of an original Work to transfer copyright ownership to The Salvation Army.

If, however, a Work constitutes a Work Made for Hire as defined below, then copyright ownership already resides with The Salvation Army. In this case, the Acknowledgment of Work for Hire national minute/policy will be utilized instead of the Assignment of Copyright, in order for the author or creator to acknowledge in writing that The Salvation Army is the copyright owner of the Work Made for Hire.

In general, the Assignment of Copyright document is to be executed by:

• Lay employees who create works outside of the scope of their employment with The Salvation Army
• Non-employees, including retired Officers, who are not specifically commissioned to create the works.

In addition, in general, the Acknowledgment of Work for Hire document is to be executed by:

• Lay employees who create works within the scope of their employment with The Salvation Army
• Active Officers
• Salvationists, retired Officers, and others who create works specifically commissioned by The Salvation Army

Federal United States copyright law provides that the following broad categories of works are considered copyrightable:

• Literary Works
• Musical Works (including the words)
• Dramatic Works (including any music)
• Pantomimes and choreographic works
• Pictorial, graphic and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings; and
• Architectural Works.

A Work Made for Hire is defined by federal US copyright law as:

• A work prepared by an employee within the scope of the employee's employment; or
• A work specially ordered or commissioned to be used as: a contribution to a collective work; a part of a motion picture or audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; and/or an atlas, if there is a written agreement signed by both parties acknowledging that the Work is a Work Made for Hire.

It is recommended that you consult with legal counsel in regards to any questions regarding copyrights in general, and the applicability of The Assignment of Copyright or the Acknowledgement of Work for Hire