Work Made For Hire | Practical Law

Work Made For Hire | Practical Law

Work Made For Hire

Work Made For Hire

Practical Law Glossary Item 2-504-2621 (Approx. 4 pages)

Glossary

Work Made For Hire

Under Section 101 of the Copyright Act, a work that is either:
  • Created by an employee in the scope of their employment.
  • Specially commissioned, if the work's creator and the commissioning party agree in writing that the work is a work made for hire and the work is commissioned for use as:
    • 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; or
    • an atlas.
For copyright purposes, the employer or commissioning party is both:
  • The author of a work made for hire.
  • The initial owner of the copyright in the work unless that party and the work's creator agree differently in writing.