What is Work-for-Hire in Copyright?

The “work-for-hire” concept applies when the ownership of a creative work is automatically transferred from the creator to the employer or the person who commissioned the work. This means that even though the creator is the one who physically makes the work, the rights to the work belong to the employer or the party who requested it, unless there is a specific agreement stating otherwise.

This situation typically arises in two key scenarios:
– Employment or Apprenticeship – If a work is created as part of the creator’s job or during their employment, the employer automatically owns the rights to that work.
– Commissioned Work – If someone hires a creator to produce a specific piece of work for a particular purpose, the person who commissioned the work becomes the owner of the rights to that work.

In these cases, the creator does not have control over the work’s rights unless both parties have agreed to a different arrangement. This principle is particularly important for businesses and individuals who are hiring creators to ensure clear ownership of the work from the outset.