Warning
Info
Warning
Info
Simple English definitions for legal terms
work for hire
Read a random definition: market structure
A quick definition of work for hire:
A work for hire is when someone creates something, like a book or a movie, but they don't own it. Instead, the person who paid for it owns it. This can happen if the creator agrees to it before they start making the thing. It can also happen if the creator is an employee and makes the thing as part of their job. Sometimes, a court will decide if something is a work for hire based on who paid for it and how much control they had over how it was made.
A more thorough explanation:
A work for hire is a type of work where the ownership belongs to someone other than the creator. Normally, the person who creates something owns the rights to it. But in a work for hire situation, the rights belong to the person who hired the creator. This can be established through a contract before the work is created.
There are two types of works that can be considered works for hire:
- Works prepared by an employee within the scope of their job
- Works specially commissioned for use in a collective work, motion picture, translation, supplementary work, compilation, instruction text, test or answer for a test, or atlas, if the parties agree in writing that the work is a work for hire
For example, if a company hires an artist to create a logo for them, the logo would be considered a work for hire. The company would own the rights to the logo, not the artist who created it.
There is a test that courts use to determine if a work is a work for hire. It's called the "instance and expense" test. This means that the hiring party must have induced the creation of the work and had the right to direct and supervise how it was carried out. The hiring party must also have paid for the work. If these conditions are met, the work is considered a work for hire.
Overall, a work for hire is a way for someone to own the rights to something that they didn't create themselves. It's important to have a contract in place before the work is created to establish who owns the rights.