Definition Work For Hire

Work for hire law and legal definition.

Definition work for hire. Commissioned works typically done by an independent contractor are also covered by work for hire law. It is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work. Means any valid and binding contract between the company and any person employed or retained by the company pursuant to which such person fully assigns to the company all intellectual property and rights therein created or developed by such person for or on behalf of the company or within the scope of such person s employment or retention or otherwise. With a work for hire all of the attributes of copyright ownership including credit and control vest in the hiring party not the creator.

With a work for hire the hiring party steps into the shoes of the creator and becomes the author of the work for copyright purposes. The concept of work for hire and ownership of work extends beyond work done by employees. Under this default therefore contractors own their work. Definition of work made for hire.

Work for hire is a statutorily defined term 17 u s c. Any work created by an employee that is within their scope of employment is considered work for hire. In the u s work for hire shorthand for the term a work made for hire applies if the created piece is part of a person s job or made by an independent contractor. 101 so a work for hire is not created merely because parties to an agreement state that the work is a work for hire.

If a written agreement with a contractor sets forth that the work is a work for hire then the person paying for the work in most cases will own the work. The default copyright scenario is that a creator owns his or her work. A work for hire is an exception to the general rule that the person who creates a work is the author of that work and holds all rights to the work product. Work for hire is any created work that can be copyrighted like songs stories essays sculptures paintings graphic designs or computer programs.

Without a written work for hire agreement in place you may not necessarily own the rights to the work. Since the contractor s relationship with the company is more complex than the employee s relationship the legal text covering this aspect of work for. There are only two situations in which a work for hire. This is a concept.

For another party to own the work it must be set forth in writing. Intellectual property work for which not its creator but the party for which it was created and who paid for it is considered its author and copyright owner in law. Define work for hire agreement s. Most people are under the assumption that they own the rights to any work they have paid for.