Work Made For Hire Agreement

Work Made for Hire Agreement

A work made for hire agreement is a legal contract that defines the ownership of intellectual property rights for a work created by an employee or an independent contractor. This agreement is based on the doctrine of "work made for hire," which is a part of U.S. copyright law.

Key Elements of Work Made for Hire

1. Employee-Created Works: If a work is created by an employee within the scope of their employment, the employer automatically owns the copyright to that work. This is a common scenario in many employment contracts.

2. Independent Contractor Works: For independent contractors, a work can be considered "made for hire" only if:

   • The work is specially commissioned by the client.
   • The work falls into one of the following categories:
     • Contribution to a collective work
     • Part of a motion picture or other audiovisual work
     • Translation
     • Supplementary work
     • Compilation
     • Instructional text
     • Test
     • Answer material for a test
     • Atlas.
   • There must be a written agreement signed by both parties before the work begins, stating that the work is to be considered a work made for hire.

Importance of Written Agreements

For works created by independent contractors, a written agreement is crucial. It must be signed before the work starts to ensure that the hiring party owns the copyright. If such an agreement is not in place, the creator retains the rights to the work.

Retroactive Agreements

Retroactive work for hire agreements are generally not permitted. If a work is to be considered "made for hire," the agreement must be in place before the work begins. If not, the creator may need to assign the rights to the hiring party after the fact, which may not always be feasible.