Key Points in This Guide
- 1The two categories of statutory work for hire under US copyright law
- 2When employment creates automatic work-for-hire ownership
- 3The nine categories of commissioned work that qualify for work-for-hire
- 4Why contractors need a signed written agreement for work-for-hire to apply
- 5Moral rights and what work-for-hire means internationally
- 6How to negotiate to retain portfolio and attribution rights
The work-for-hire doctrine is one of the most consequential and least understood concepts in employment and freelance law. It determines who owns the copyright in creative work — and in many contracts, that ownership transfers entirely to the company or client the moment the work is created. Understanding when work-for-hire applies and when it does not can mean the difference between owning your creations and giving them away permanently.
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