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Work-for-Hire

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Definition:

Work-for-hire refers to the situations in which a creator of a work does not retain the rights to that work. By default, and artist or designer owns the copyright to his or her work. Work-for-hire includes two exceptions to that rule:

1. The creator of the work is an employee of a company, and the work falls within the scope of his or her employment. In this case, the employer owns the copyright.

2. A specially commissioned work is created for an independent contractor, and falls under one of the nine categories of work specified by law:

  1. Contribution to a larger work, such as a magazine
  2. A part of a motion picture or audiovisual work
  3. A compilation of existing works
  4. Instructional texts or graphic works
  5. A translation of an existing work
  6. A test
  7. Answers for a test
  8. Supplementary works, such as a graph for a book
  9. An atlas

Designers, artists and other creators should always be careful and consult a lawyer when dealing with work-for-hire, as it is often abused.

Sources:

“The Graphic Artists Guild Handbook: Pricing and Ethical Guidelines.” Eleventh Edition. Graphic Artists Guild, Inc. 2003.

Ralph E. Lerner and Judith Bresler. “All About Rights for Visual Artists.” Practising Law Institute, 2006.

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