Practice Area

Work for Hire and Copyright Ownership Dispute

Federal Court

Situation — How This Comes Up

The freelancer I hired to create my website is now claiming they own the copyright.

What You Need to Know First

Work made for hire under the Copyright Act requires either an employment relationship or a written agreement specifically designating the work as work for hire in one of nine enumerated categories. Without it, the creator owns the copyright.

Full Analysis

Copyright ownership disputes between clients and independent contractors frequently turn on whether a written work-for-hire agreement exists and whether the work falls within the statutory categories. Assignment is the backup — but it must also be in writing.

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