Category Archives: Work Made For Hire

Nonprofits and the Work Made For Hire Doctrine

[T]o determine who owns a commissioned work, an employer must first determine whether the creator of the work is an employee or an independent contractor. Generally, if the creator of the work is an employee, there is a presumption that the employer owns the copyright. If the creator of the work is an independent contractor, the presumption is that the independent contractor owns the copyright unless there is a work made for hire agreement and the work falls into one of the nine categories of commissioned works.Read the full article