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ARTICLE · 12 MARCH 2024

Copyright Clarity: Do I Need A 'Work-for-Hire' Clause?

Generally, the person who creates a work, such as graphic novel or a musical, is automatically the legal author and owner of the copyright in that work.

United StatesIntellectual Property

Generally, the person who creates a work, such as graphic novel or a musical, is automatically the legal author and owner of the copyright in that work. This is not always the case. Under the concept of "work-for-hire" (or more formally, "work-made-for-hire" as defined in the Section 101 of the U.S. Copyright Act), it is the person or entity that employs the creator of the work that is treated as the author, and therefore the copyright owner, of the work. Copyright ownership is important, as the owner has the permission to exercise all rights under copyright (as listed in Section 106), including the right to reproduce and distribute the work, publicly perform or display it and to make derivative works of it. When someone other than the copyright owner exercises any of those exclusive rights, the owner may have a claim of copyright infringement against that other party.

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