Copyright law might seem straightforward—if you hire someone to create something for you, you should own it, right? In the United States, that’s not necessarily the case. Below, we break down how copyright ownership really works and why it’s often more complicated than people expect.
1. The Basics of Copyright Ownership
- Default Rule
In general, the person who actually creates a work (like a photograph or a design) is considered the copyright owner—even if they were hired to do it. - Employee vs. Independent Contractor
If the creator is your employee acting within the scope of their employment, you typically own the work by default under the “work made for hire” doctrine. However, if they’re an independent contractor, the creator owns the copyright unless specific contractual terms state otherwise.
2. Work Made for Hire
- Written Agreement
To label a work as “made for hire,” you must have a written contract stating that intention. This contract should explicitly say that the work is a “work made for hire” under U.S. copyright law. There are other requirements, so make sure to get legal advice. - Why It Matters
When a work qualifies as “made for hire,” you—the person commissioning the work—are the legal author and owner of the copyright. This can simplify future use, licensing, or sale of the work. It also impacts patent term. Works made for hire in the U.S. typically receive copyright protection for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter. Copyright for works created by an individual lasts for the lifetime of the author plus 70 years after their death.
3. Copyright Assignment
- Transfer of Ownership
If the work can’t legally be classified as “work made for hire,” you can still secure rights through a copyright assignment. Here, the original creator signs a document transferring all or part of their ownership to you. - What to Include
Make sure the contract states precisely what rights are being transferred (e.g., the right to reproduce, distribute, display). An assignment should be in writing to be valid. There are other requirements, so get legal advice.
4. Practical Tips
- Use Clear Contracts
Whether you’re hiring a photographer, a graphic designer, or any creative professional, ensure your contract spells out copyright ownership. - Consult a Lawyer (If Needed)
While you might handle simpler agreements yourself, a lawyer can help if your needs are complex or you want to make sure every detail is covered. - Know the Consequences
If you skip these steps, the creator retains ownership. That can limit what you can do with the work without further permission—or payment.
Want More Details?
Catch the full discussion in the accompanying Innovation Cafe video where Gary Shuster highlights why copyright law is often more confusing than it should be.