Work for hire
Copyright doctrine treating employer/commissioner as the author of certain works.
Definition
Work for hire (under US Copyright Act § 101) means certain works are owned by the employer or commissioner from creation. Default for employees work within scope of employment; for contractors, requires written work-for-hire agreement plus specific category.
Context
Critical for LLCs commissioning IP creation from contractors. Without proper work-for-hire (or assignment), contractor may retain IP rights.
Example
A Delaware LLC hires a contractor to build software. Without a work-for-hire agreement plus IP assignment, the contractor may own the software, not the LLC.
Common pitfalls
- Use work for hire AND assignment belt-and-suspenders language.
- Contractor IP assignment must be explicit.