What You Need to Know About:

WORK FOR HIRE LAW

What is “Work-for-Hire?” The default rule is that when an employee is employed to create a work, the work is owned by the employer. However, the employee owns a work created outside the scope of employment. Even when a work is not a work made for hire, the parties can agree to assign copyright rights from the author to the party paying for the creation of the work.

Are there any exceptions to “work-for-hire?” The primary exception is the case of an independent contractor. A business owner will want all independent contractors to sign a work-for-hire agreement to assign all rights to the hiring company before the contract or freelancer starts work.

What types of independent contractor work is covered by these agreements?  Work-for-­hire agreements with independent contractors only apply for nine types of work:

• Work commissioned for a contribution to a collective work
• Work that is part of a motion picture or audiovisual work
• Translation
• Supplementary work (adjunct to a work by another for assisting in the use of the other work, etc.)
• Compilation
• Instructional text
• Tests
• Answer material for a test
• Atlas

If I am not an independent contractor, when is my work protected from a “work-for-­hire” agreement?  If the employee’s work is outside the scope of their employment, the employee may own the work themselves.  The employee’s employment agreement should be consulted to determine whether there have been any assignments of rights and the scope of those rights.

Nothing on this site is in any way legal advice.  Consult your attorney for advice about your specific issue.