Workforhire

Work for hire is a legal concept in intellectual property law describing a situation in which the employer or commissioning party is considered the author of a work and owns the copyright, rather than the person who created it. This arrangement can arise in an employment context or by a special contractual agreement for a commissioned work.

In the United States, the term is defined in the Copyright Act and has two main categories. First, a work prepared by an employee within the scope of their employment is a work made for hire. Second, a specially ordered or commissioned work may be a work made for hire if it fits certain enumerated types (such as a contribution to a collective work, a translation, a test, or an atlas) and there is a written agreement signed by both parties stating that the work is to be considered a work made for hire. If a work qualifies, the employer or commissioning party is treated as the author and owns the copyright from creation. If the work does not meet these criteria, the creator retains copyright unless the rights are transferred by contract.

Limitations include the narrow scope of the second category and the requirement for a written agreement. Not all works or relationships qualify, and in many cases, especially with independent contractors, rights must be assigned or licensed rather than automatically owned by the client. The practical effect is that clients should specify ownership in contracts and creators should understand whether rights are transferred, licensed, or reserved.

Internationally, the concept varies. Some jurisdictions recognize similar arrangements only through contract, while others emphasize authorship and moral rights, making the ownership outcome more contractual than automatic. Common contexts for work-for-hire arrangements include software development, advertising, publishing, film, and design.