work,n.1. Physical and mental exertion to attain an end, esp. as controlled by and for the

benefit of an employer; labor.

additional work. 1. Work that results from a change or alteration in plans concerning the work required, usu. under a construction contract; added work necessary to meet the performance goals under a contract. [Cases: Contracts  232(1). C.J.S. Contracts §§ 393–398.] 2. See extra work. extra work.In construction law, work not required under the contract; something done or furnished in addition to the contract’s requirements; work entirely outside and independent of the contract and not contemplated by it. • A contractor is usu. entitled to charge for extra work consisting of labor and materials not contemplated by or subsumed within the original contract, at least to the extent that the property owner agrees to a change order. Materials and labor not contemplated by the contract, but that are required by later changes in the plans and specifications, are considered to be extra work. — Also termed additional work. [Cases: Contracts  232(1). C.J.S.

Contracts §§ 393–398.]

heavy work.Work that involves frequent lifting and carrying of large items. • Under the Social Security Administration regulations for describing a worker’s physical limitations, heavy work involves lifting no more than 100 pounds, with frequent lifting or carrying of objects weighing up to 50 pounds. 20 CFR § 404. [Cases: Social Security and Public Welfare  140.40,

143.70–143.80. C.J.S. Social Security and Public Welfare §§ 55, 69, 72.]

inherently dangerous work.Work that can be carried out only by the exercise of special skill

and care and that involves a grave risk of serious harm if done unskillfully or carelessly.

light work.Work that involves some limited lifting and moving. • Under the Social Security Administration regulations for describing a worker’s physical limitations, light work includes walking, standing, sitting while pushing or pulling arm or leg controls, and lifting no more than 20 pounds, with frequent lifting or carrying of objects that weigh up to 10 pounds. 20 CFR § 404. [Cases: Social Security and Public Welfare  140.40, 143.85. C.J.S. Social Security and Public

Welfare §§ 55, 72.]

medium work.Work that involves some frequent lifting and moving. • Under the Social Security Administration regulations for describing a worker’s physical limitations, medium work includes lifting up to 50 pounds, with frequent lifting or carrying of objects weighing up to 25 pounds. 20 CFR § 404. [Cases: Social Security and Public Welfare  140.40, 143.70–143.80. C.J.S.

Social Security and Public Welfare §§ 55, 69, 72.]

sedentary work.Work that involves light lifting and only occasional walking or standing. • Under the Social Security Administration regulations for describing a worker’s physical limitations, sedentary work involves lifting of no more than ten pounds, occasionally carrying small items such as docket files and small tools, and occasional standing or walking. 20 CFR § 404. [Cases: Social Security and Public Welfare  140.40, 143.85. C.J.S. Social Security and Public Welfare §§

55, 72.]

semi-skilled work.Work that may require some alertness and close attention, such as inspecting items or machinery for irregularities, or guarding property or people against loss or

injury. 20 CFR § 404.1568(b). — Also written semiskilled work. [Cases: Social Security and

Public Welfare  140.40, 143.70–143.85. C.J.S. Social Security and Public Welfare §§ 55, 69, 72.]

skilled work.Work requiring the worker to use judgment, deal with the public, analyze facts and figures, or work with abstract ideas at a high level of complexity. 20 CFR § 404. [Cases: Social Security and Public Welfare  140.40, 143.70–143.85. C.J.S. Social Security and Public

Welfare §§ 55, 69, 72.]

unskilled work.Work requiring little or no judgment, and involving simple tasks that can be learned quickly on the job. 20 CFR § 404. [Cases: Social Security and Public Welfare  140.40,

143.70–143.85. C.J.S. Social Security and Public Welfare §§ 55, 69, 72.]

very heavy work.Work that involves frequent lifting of very large objects and frequent carrying of large objects. • Under the Social Security Administration regulations for describing a worker’s physical limitations, very heavy work involves lifting 100 pounds or more, and frequent lifting or carrying of objects weighing 50 pounds or more. 20 CFR § 404.1567(e).

work of necessity.Work reasonably essential to the public’s economic, social, or moral welfare as determined by the community standards at a particular time, and (formerly) excepted from the operation of blue laws. See BLUE LAW. [Cases: Sunday  7. C.J.S. Sunday §§ 17–19, 32–33.]

2.Copyright. An original expression, in fixed or tangible form (such as paper, audiotape, or computer disk), that may be entitled to common-law or statutory copyright protection. • A work may take many different forms, including art, sculpture, literature, music, crafts, software, and photography. [Cases: Copyrights and Intellectual Property  3. C.J.S. Copyrights and Intellectual

Property § 9.]

anonymous work.A work that, on copies or phonorecords, does not identify any natural

person as the author. 17 USCA § 101.

architectural work.The copyrightable design of a building, as fixed in tangible media such as plans, drawings, and the building itself. 17 USCA § 102. • Only the overall design is protected, not each design element. This category of works was added to U.S. law by the Berne Convention Implementation Act of 1988. It is one of eight categories eligible for copyright protection. [Cases:

Copyrights and Intellectual Property  6. C.J.S. Copyrights and Intellectual Property § 16.]

artistic work.Any visual representation, such as a painting, drawing, map, photograph,

sculpture, engraving, or architectural plan.

audiovisual work.A work consisting of related images that are presented in a series, usu. with the aid of a machine, and accompanied by sound. • An example of an audiovisual work is a lecture illustrated with a filmstrip, or a movie with a soundtrack. [Cases: Copyrights and Intellectual

Property  10.1. C.J.S. Copyrights and Intellectual Property § 15.]

collective work. 1. A publication (such as a periodical issue, anthology, or encyclopedia) in which several contributions, constituting separate and independent works in themselves, are assembled into a copyrightable whole. 2. A selection and arrangement of brief portions of different

movies, television shows, or radio shows into a single copyrightable work. • If the selecting and arranging involves any originality, the person who selects and arranges the clips may claim a copyright even if copyright cannot be claimed in the individual component parts. Cf. COMPILATION(1).

“If a work is not joint and not derivative but nevertheless consists of works of authorship created by more than one person, it is a compilation of some sort except for the possibility that it is a work for hire…. If the component parts have an independent identity, that is, they are works of authorship, then the compilation is a collective work, a type of compilation.” Arthur R. Miller & Michael H. Davis, Intellectual Property in a Nutshell 374 (2d ed. 1990).

composite work (k<<schwa>>m-poz-it). An original publication that relates to a variety of subjects and that includes discrete selections from many authors. • Although the distinguishable parts are separately protectable, the owner of the composite work — not the individual authors — owns the renewal term, if any. 17 USCA § 304(a).

creative work.See work of authorship.

derivative work.A copyrightable creation that is based on a preexisting product; a translation, musical arrangement, fictionalization, motion-picture version, abridgment, or any other recast or adapted form of an original work. • Only the holder of the copyright on the original form can produce or permit someone else to produce a derivative work. 17 USCA § 101. — Sometimes shortened to derivative. Cf. COMPILATION(1). [Cases: Copyrights and Intellectual Property  12(3).]

“[W]hile a compilation consists merely of the selection and arrangement of pre-existing material without any internal changes in such material, a derivative work involves recasting or transformation, i.e., changes in the pre-existing material, whether or not it is juxtaposed in an arrangement with other pre-existing materials. A catalog constitutes a compilation, and a translation of a pre-existing work constitutes a derivative work.” 1 Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 3.02, at 3–5 (Supp. 1997).

dramatic work.Any form of nonliterary work created for performance and viewing. • The term includes plays, scripts, films, choreographic works, and similar creations. [Cases: Copyrights and Intellectual Property  7. C.J.S. Copyrights and Intellectual Property § 13.]

joint work.A work created or developed by two or more people whose contributions blend inseparably or interdependently into the whole work. • The cocreators have equal legal rights to register and enjoy the copyright, but this does not affect any other contractually unequal ownership arrangements. [Cases: Copyrights and Intellectual Property  41(3).]

literary work.A nonaudiovisual work that is expressed in verbal, numerical, or other symbols, such as words or musical notation, and embodied in some type of physical object. • Literary works are one of eight general categories that are eligible for copyright protection. 17 USCA § 101. [Cases: Copyrights and Intellectual Property  5. C.J.S. Copyrights and Intellectual Property § 11.]

“Copyright protection extends to literary works which are defined as works, other than

audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards in which they are embodied. The term ‘literary work’ does not connote any criterion of literary merit or qualitative value and includes catalogs and directories; similar factual, reference or instructional works; compilations of data; computer data bases, and computer programs.” 18 Am. Jur. 2d Copyright and Literary Property § 25, at 360 (1985).

pictorial, graphic, and sculptural work.Two- or three-dimensional works of graphic, fine, or applied art that are eligible for copyright protection. • This is one of eight general classifications covered by copyright law. Examples are globes, architectural drawings, photographs, and models. 17 USCA § 101. — Abbr. PGS. [Cases: Copyrights and Intellectual Property  6. C.J.S.

Copyrights and Intellectual Property § 16.]

posthumous work.The product of an author who died before publication. [Cases: Copyrights

and Intellectual Property  33. C.J.S. Copyrights and Intellectual Property §§ 31–32, 34, 94.] pseudonymous work.A work done by an author who uses a fictitious name.

work for hire.A copyrightable work produced either by an employee within the scope of employment or by an independent contractor under a written agreement; esp., a work specially ordered or commissioned for use as (1) a contribution to a collective work, (2) a translation, (3) a supplementary work, (4) a part of a movie or other audiovisual work, (5) a compilation, (6) an instructional text, (7) a test, (8) answer material for a test, or (9) an atlas. • If the work is produced by an independent contractor, the parties must agree expressly in writing that the work will be a work for hire. The employer or commissioning party owns the copyright. — Also termed work made for hire. [Cases: Copyrights and Intellectual Property  41(2).]

work of authorship.The product of creative expression, such as literature, music, art, and graphic designs. • Copyright protects a work of authorship if it meets three criteria. First, the work must be original, not a copy. Second, the work must be presented in a fixed medium, such as a computer disk, a canvas, or paper. Finally, some creativity must have been involved in the work’s creation, although the amount of creativity required depends on the particular work. — Also termed creative work. [Cases: Copyrights and Intellectual Property  4. C.J.S. Copyrights and

Intellectual Property §§ 9–10, 16.]

work of the United States government.A work created by a U.S. government officer or employee in the course of performing official duties. • By statute, federal-government works may not be copyrighted. [Cases: Copyrights and Intellectual Property  10.3. C.J.S. Copyrights and

Intellectual Property § 18.]

work,vb.1. To exert effort; to perform, either physically or mentally < lawyers work long hours during trial>.2. To function properly; to produce a desired effect <the strategy worked>.3.Patents. To develop and use (a patented invention, esp. to make it commercially available) <the patentee failed to work the patent>. • Failure to work a patent in a specified amount of time is grounds for a compulsory license in some countries. [Cases: Patents  191.

C.J.S. Patents §§ 217, 314, 339.]

“A patentee has the exclusive right to make, use, or sell the invention. 35 U.S.C.A. § 154. The right includes the right to refrain from making, using, or selling the invention. In many foreign countries, the inventor is obliged to ‘work’ the patent and if he does not do so, he can be required to grant a compulsory license to others who wish to exploit the invention. But an American patentee is under no such duty, although there are antitrust implications involved in the failure to work a patent.” Arthur R. Miller & Michael H. Davis, Intellectual Property in a Nutshell 128–29 (2d ed. 1990).
[Blacks Law 8th]