Works prepared by an employee within the scope of employment are works for hire automatically. Commissioned works qualify only within nine enumerated categories and only with a signed written agreement.
Independent contractor works frequently fail the test.
Alternative Names:
Work for Hire|Employer Authorship
Why it Matters?
Independent contractor works fail the doctrine unless they fall within one of nine enumerated categories and a signed writing exists, which means software, most photography, and general creative work commissioned from contractors remains owned by the creator absent an assignment. Including an assignment alongside work for hire language is the drafting fix, since assignment operates regardless of the doctrine's requirements.
Frequently Confused with
Related terms
Frequently asked questions
Do contractor works qualify?
What is the drafting fix?
