Not quite. The law enumerates the things that are automatically work for hire. Works outside those must be explicitly declared works for hire in the contract. If you have done any contracting you will find the phrase in your contract "work for hire".
Literary works are not automatically works for hire. I believe that software is considered a literary work, strange as it seems. (IANAL)
> Not quite. The law enumerates the things that are automatically work for hire. Works outside those must be explicitly declared works for hire in the contract.
The article specifically says that this is not correct: "A work made for hire is not any work that you pay someone to create for you. Nor is it any work that you and a developer agree is a work made for hire.".
Per TFA (quoting the law) it has to be (1) done by an employee, or (2) both in the list of 9 kinds of things (which does not include software) and specifically declared to be a work for hire. Things that are not in the list and are not done by employees cannot be works for hire regardless of what the contract tries to claim.
Literary works are not automatically works for hire. I believe that software is considered a literary work, strange as it seems. (IANAL)