Question 4: Was the written agreement signed by the party that ordered or commissioned the work and the party who created the work?
- If the answer is “no,” the work is not a work made for hire.
- If the answer is “yes,” proceed to Question 5.
Question 5: Does the written agreement expressly state that the work shall be considered a work made for hire?
- If the answer is “no,” the work is not a work made for hire.
- If the answer is “yes,” proceed to Question 6.
Question 6: Was the work specially ordered or commissioned for use in one or more of the following types of works?
- An atlas.
- A test.
- Answer material for a test.
- A translation.
- As part of a motion picture or other audiovisual work.
- A compilation.
- A contribution to a collective work.
- A supplementary work.
- An instructional text.
- If the answer is “no,” the work is not a work made for hire.
- If the answer is “yes,” the work is a work made for hire. For guidance in completing an application to register a work made for hire, see Chapter 600, Section 614.1.
506.5 The Scope of the Copyright in a Work Made for Hire
Determining whether a work is a work made for hire has important implications for the term of the copyright, the ownership of the copyright, and the ability to terminate a transfer or license involving the copyright. See Community for Creative Non-Violence v. Reid, 490 U.S. 730, 737 (1989) (“Classifying a work as ‘made for hire’ determines not only the initial ownership of its copyright, but also the copyright’s duration … [and] termination rights.”). Therefore, the U.S. Copyright Office encourages applicants to exercise judgment when answering the work made for hire portion of the application.
