An example of a “lease” is the translation contract proposed by Babelcube, which indicates that American publishers or European publishers wishing to “import” foreign contractual models may be tempted to offer translators so-called “work-for-contract” contracts. Under U.S. copyright law, when work is performed under such a contract, the person (physical or legal) for whom the work was created, not the creator himself, who is considered the author of the work and the owner of the copyright (operating right). In some countries, it is referred to as “entrepreneurial fatherhood.” Section 101 of the Copyright Act (title 17 of the United States Code of America) defines “work created as part of a construction or service contract” (“work made for hire”), such as: 1) a work performed by an employee in the course of his or her employment; or (2) a work that has been commissioned as a contribution to a collective work, an element of a film or other audiovisual work, translation or complement, compilation, teaching, testing, response to the examination or inspiration, provided that the parties have expressly agreed, in the context of a written instrument they have signed, to consider the work as a work created under a lease or contract. Under such a contract, the translator has no rights to his work (of which he is not the author). 11) Ownership of translation. Subject to the limitations of the production rights on translation and distribution rights granted by the rights holder (“Rights holder” – author of the original text), the holder retains all rights, titles and interests relating to the book and translation, including the copyright of the book and the translation. The translator agrees that the translation is a work that was carried out under a lease agreement to the extent permitted by applicable law and that all translation rights belong to the rights holder. In the event that the translation is not considered, under current law, to be a work created under a lease agreement, the translator cedes to the rights holder all rights, titles and interests as well as any intellectual property rights that the translator may have over the translation, including all rights of exploitation or paternity (including moral rights).
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