Work made for hire
By Gareth HoyleLast updated How we research
A work made for hire is a work whose copyright belongs from creation to the employer or commissioning party, not the individual who made it.
A work made for hire is a work that US law treats as authored by the employer or commissioning party rather than the person who created it. Under 17 USC 101 it is either a work prepared by an employee within the scope of employment, or a specially commissioned work in one of nine listed categories where both parties sign a written agreement saying so.
The nine categories are a contribution to a collective work, part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an instructional text, a test, answer material for a test and an atlas. Under 17 USC 201(b) the employer or commissioning party owns all rights unless a signed writing says otherwise. The Copyright Office's Circular 30 explains the tests.
Why does work made for hire matter in a data sale?
Work made for hire matters because code, designs and documents written by contractors usually fall outside the nine categories. The company then owns them only if it has a signed copyright assignment. Buyers check this as part of chain of title.
How does UK law differ?
Under section 11(2) of the Copyright, Designs and Patents Act 1988, an employer owns works made by an employee in the course of employment. UK law has no commissioned work category, so contractors keep copyright unless they assign it.