Works for Hire

Definition

Works for hire is a legal concept in copyright law that defines certain creative works as belonging to the employer rather than the individual who actually created the work. This has important implications for the rights and term of copyright protection.

5 Must Know Facts For Your Next Test

1. Under the works for hire doctrine, the employer is considered the 'author' of the work for copyright purposes, not the individual creator.
2. Works for hire can include things like software, instruction manuals, and other materials created by employees within the scope of their employment.
3. The copyright term for works for hire is 95 years from the date of first publication or 120 years from creation, whichever is shorter.
4. Certain commissioned works can also be considered works for hire if the parties agree to this arrangement in a written contract.
5. The works for hire doctrine gives employers greater control over the use and exploitation of creative works produced by their employees.

Review Questions

• Explain how the works for hire doctrine impacts copyright ownership.
  • The works for hire doctrine establishes that the employer, rather than the individual creator, is considered the 'author' and copyright owner of a work produced by an employee within the scope of their employment. This means the employer has the exclusive rights to reproduce, distribute, display, perform, or make derivative versions of the work, rather than the employee who actually created it. This can provide employers with greater control and flexibility in how they use and commercialize these creative works.
• Describe how the copyright term differs for works for hire compared to individually authored works.
  • The standard copyright term in the US is the life of the author plus 70 years. However, for works for hire, the copyright term is either 95 years from the date of first publication or 120 years from the date of creation, whichever is shorter. This extended term provides employers with a longer period of exclusive rights over the works produced by their employees, compared to works created independently by individuals.
• Analyze the potential benefits and drawbacks of the works for hire doctrine from the perspectives of both employers and employees.
  • From the employer's perspective, the works for hire doctrine can be beneficial as it gives them greater control and ownership over the creative works produced by their employees, which they can then commercialize and profit from. However, from the employee's perspective, this doctrine can be seen as unfair, as it deprives them of the full rights and recognition for their creative contributions. Employees may feel that their intellectual property is being exploited by their employer. Ultimately, the works for hire doctrine represents a balance between the interests of employers and employees in the realm of copyright law.

Related terms

Copyright Ownership: The legal right to reproduce, distribute, display, perform, or make derivative versions of a creative work.

Copyright Term:

The duration for which copyright protection lasts, after which a work enters the public domain.

Commissioned Work: A work created by an independent contractor at the request of a hiring party, which may be considered a work for hire.