Works Made for Hire

Although the general rule is that the person who creates a work is the author of that work, there is an exception to that principle: works made for hire. If a work is made for hire, the employer (not the employee) or the party who commissioned the work is considered the author of the work.

Under copyright law, works created by employees during the course and scope of their employment are owned by their employers. To claim copyright rights, individuals often allege that they are not employees but are rather independent contractors who retain the copyright in their works. To determine whether an individual is an employee or independent contractor, courts examine a variety of factors. If the hiring party exercises control over ...

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