{"id":5082,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/what-is-a-work-made-for-hire.html"},"modified":"2024-05-22T22:00:13","modified_gmt":"2024-05-23T03:00:13","slug":"what-is-a-work-made-for-hire","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/what-is-a-work-made-for-hire.html","title":{"rendered":"What Is a “Work Made for Hire”?"},"content":{"rendered":"\n
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What Is a "Work Made for Hire"?<\/h1>\n
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\n By Amber Sheppard, Esq.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Being a boss isn’t easy. Small businesses, startups, and entrepreneurs know they need to understand topics like business law<\/a> and workers’ compensation<\/a>. Most don’t know where to start when it comes to intellectual property law<\/a>. It’s important to understand copyright law<\/a>, especially regarding who owns commissioned work and work made for hire.<\/p>\r\n

This article helps you navigate copyright law, work for hire agreements<\/a>, and work product.<\/p>\r\n

Intellectual Property and Copyright Law Basics<\/h2>\r\n

Intellectual property<\/a> rights fall into four categories: trademark<\/a>, patent<\/a>, trade secret<\/a>, and copyright<\/a>.<\/p>\r\n

Federal Copyright Law<\/h3>\r\n

Under U.S. Copyright Law, the Copyright Act<\/a> dictates what is eligible to be a copyrightable work. Copyrights are available for original works like literary works, sound recordings<\/a>, and movies. Typically, the work’s author in a fixed medium keeps the copyright law protections. They own the original work and any derivative works (subsequent works).<\/p>\r\n

Copyright Ownership<\/h3>\r\n

A copyright is typically owned by the artist who created the work<\/a>, unless the artist sells the copyright or the work was "made for hire."<\/p>\r\n

In 1989, the Supreme Court ruled in Community For Creative Non-Violence vs. Reid<\/i><\/a> that employers own the copyright to works made for hire through employment unless there is a written agreement that says otherwise. This means the employer or hiring party (commissioning party) can sue for copyright infringement<\/a>.<\/p>\r\n

Work Made For Hire<\/h3>\r\n

Generally speaking, according to the Copyright Office and federal law<\/a>, a work made for hire is a creative work by:<\/p>\r\n