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Question
Zentech Innovations hires Miro as a full-time in-house 3D animator to produce a series of promotional videos for a new gadget. The engagement is in writing and explicitly states: 'All works produced under this engagement are works made for hire under Section 172.2 of the Intellectual Property Code; Zentech shall own worldwide rights, including derivative works.' Miro uses company equipment and works on Zentech premises. After six months, Miro resigns and starts his own studio, later offering a similar promotional video to a rival brand. Question: (a) Who owns the copyright in the promotional videos? (b) Is the promotional video a 'work made for hire' under Sec. 172.2? (c) If Zentech desires exclusive ownership of the videos and all derivative works, is a separate written assignment of rights required under Sec 175? Explain, applying the facts. (d) If Miro reproduces and distributes the promotional video for a rival brand, what remedies may Zentech seek under Sec. 181?