Warning: Make Sure Your "Work For Hire" Agreement Is Signed In Advance

The "work made for hire" doctrine is a fundamental aspect of U.S. copyright law.  It allows someone paying for the creation of a copyrightable work to own the copyright in that commissioned work.  In other words, if your company hires a third party to create advertising, or paint a mural, or write computer code (or a blog post!), that third-party author owns the copyright unless it is a "work made for hire."  And it is only a work for hire in two limited circumstances: (1) if the third party is the company's employee acting within the scope of his or her employment; or (2) the parties agree in a signed written instrument that the commissioned work is a work made for hire and thus the copyright in the work is owned by the party commissioning it.