Work Made for Hire

Generally, the author of a work is its creator. However, the Copyright Act makes an exception for what are called "works made for hire." In this situation, the employer or other person for whom the work was prepared is considered the author and owner of the copyright, unless there is a written agreement to the contrary.

Works created by an employee acting within the scope of employment, or a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, are considered a work made for hire if the parties expressly agree in writing.

Whether or not a particular work is made for hire is determined by the relationship between the parties. Note that the term "employee" here is not really the same as the common understanding of the term; for copyright purposes, it means an employee under the general common law of agency.

Generally, the closer an employment relationship comes to regular, salaried employment, the more likely it is that a work created within the scope of that employment would be a work made for hire. However, there is no precise standard for determining whether or not a work is made for hire.

Copyright protection of a work made for hire lasts for a term of 95 years from the date of publication or 120 years from the date of creation, whichever expires first. (A work not made for hire is ordinarily protected by copyright for the life of the author plus 70 years.)

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