“Work for hire” means that one party has expressly hired another to create original content that the parties intend will belong to the person doing the hiring. This type of agreement is valid only as to certain types of works, as specific in the Copyright Act.

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Copyrights arise immediately upon original creation – that is, the party to affix the creative idea into fixed content is the original author (and owner) of the copyright for that work. One exception to this is when an employee creates content in the course of his or her employment, resulting in the original authorship of the work automatically vesting in the company or employer. In situations where the traditional employer/employee agency relationship does not exist, a “work for hire” can be useful.

A “work for hire” situation can be formed where “the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.” 17 U.S.C. § 101. In such cases, copyright ownership automatically vests in the person or entity doing the hiring (and paying for the creation of the content). This type of agreement is valid only in connection with certain types of works: (1) a work specially ordered or commissioned for use as a contribution to a collective work; (2) as a part of a motion picture or other audiovisual work; (3) as a translation; (4) as a supplementary work; (5) as a compilation; (6) as an instructional text; (7) as a test; (8) as answer material for a test; or (9) as an atlas. 17 U.S.C. § 101. While some of these terms may sound broad, they are all specifically defined within Section 101 of the Copyright Act. If a work does not fall into one of these categories, it cannot be a work made for hire and will, instead, require a written assignment of ownership from the content creator to transfer the copyright.

For more information, see Protecting Intellectual Property: Copyrights.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

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