It must firstly be noted that in the United States, the work for hire doctrine disentitles performers who act under a contract of employment from possessing an entitlement to work in which their performance is fixed. Consequently, such performers may not assert a copyright over their performance that is distinct from the copyright in the work that their performance was fixed in. The decision of the Court of Appeal for the 2nd Circuit in Baltimore Orioles, Inc held that the performance of baseball players were not protected as being a distinct copyright and rather, that they were works for hire.