In researching this(I get a bit obsessive sometimes) I must acknowledge that I spoke out of ignorance and what Stephen is describing does not meet all 3 criteria of the legal definition of a "work for hire" and he has every right under the law to specify and limit the use of this production and receive additional compensation if the work is used outside of that provision. So bring out the lawyers!!
Going further down the rabbit hole I came across the story of a commissioned work that didn't turn out so good for anyone. That being the sculpture Portlandia in Portland Oregon. The sculpture was created to be an icon for the city but because it was not contracted as a work for hire, the artist Raymond Kaskey slapped a multitude of restrictions on the use of the image of his creation. What was to be a destination piece of art and a source of income for the city, turned into an embarrassment and is now relegated to obscurity, literally, the city has planted 30' high trees around the sculpture obscuring it's view. And the artist, instead of being hailed as the great sculptor, is best known for being a jerk.
Mick Haensler
Higher Ground Media
