For purposes of publication, is my publication considered a “work for hire”?
Answer
LANL employees are government contractors and, as such, employee-authored publications are not considered “works for hire”.
From the Triad National Security, LLC, employment agreement, signed by each Triad employee (emphasis added):
3. Work for Hire; Assigned Inventions. I acknowledge and agree that any copyrightable works prepared by me within the scope of my employment will be “works made for hire” under the Copyright Act and that the Company will be considered the author and owner of such copyrightable works. For purposes of this Agreement, copyrightable works does not include peer reviewed or other scientific works of authorship as defined in the policy on writing for outside publications. I agree that all Inventions that I make, create, conceive or first reduce to practice during the period of my employment, whether or not in the course of my employment, and whether or not patentable, copyrightable or protectable as proprietary information, and that (i) are developed using equipment, supplies, facilities or proprietary information of the Company and/or the United States Government; (ii) result from work performed by me for the Company; or (iii) relate to the Company’s business or actual or demonstrably anticipated research or development (the “Assigned Inventions”), will be the sole and exclusive property of the Company.