Question 1

What are the 9 categories of work for hire?

Accepted Answer

Under U.S. copyright law: (1) contribution to a collective work, (2) part of a motion picture, (3) translation, (4) supplementary work, (5) compilation, (6) instructional text, (7) test, (8) test answers, and (9) atlas. If your commissioned work doesn't fit one of these categories, it's not work for hire — no matter what the contract says. You need a separate IP assignment.

Question 2

Does work for hire apply to software?

Accepted Answer

For employees, yes — software created within the scope of employment is owned by the employer. For freelancers and contractors, software doesn't fit any of the 9 work-for-hire categories. This means you must include a written IP assignment clause to own the code. A 'work for hire' clause alone isn't enough for commissioned software.

Question 3

What if the contract says 'work for hire' but it doesn't qualify?

Accepted Answer

Smart contracts include a backup: 'To the extent the Work does not qualify as a work made for hire, Creator hereby assigns all right, title, and interest in the Work to Client.' This fallback IP assignment covers you even if the work-for-hire classification fails. Without it, you're relying on a legal doctrine that may not apply.

Question 4

Do employees need work-for-hire agreements?

Accepted Answer

Not usually — for employees, work created within the scope of employment is automatically owned by the employer under copyright law. But many employers include it in employment agreements anyway, plus a broader IP assignment covering inventions and other non-copyright IP. Belt and suspenders.

Question 5

Does work for hire apply outside the U.S.?

Accepted Answer

The 'work for hire' concept is specific to U.S. copyright law. Other countries have different rules. In the UK, employers own employee-created works, but commissioned works belong to the creator unless assigned. In the EU, rules vary by country. For international projects, always include an explicit IP assignment clause — don't rely on work-for-hire doctrines that may not exist in the relevant jurisdiction.

Question 6

Can a work-for-hire designation be reversed?

Accepted Answer

Under U.S. law, authors of non-work-for-hire copyrighted works can terminate transfers after 35 years. But true work-for-hire designations can't be terminated because the employer is considered the legal 'author' from the start. This is one reason employers push for work-for-hire classification — it gives them permanent, non-terminable ownership.

Work for Hire

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