“Work made for hire” needs more than a label.

The question to ask

Who created the work, in what relationship, and in what category? Check the facts before treating a contract label as the answer. Read any backup assignment and background-material carveout as well.

Illustrative clause — not a court case

Hypothetical wording: All work is work made for hire, including all contractor software. This is an example to examine, not a conclusion about any commissioned program.

Source and legal limits

Section 101 defines two work-made-for-hire routes, including specified commissioned categories and a signed written agreement. Section 201 addresses ownership. The commissioned route is not a catch-all for every contractor deliverable.

What can go wrong

A customer may assume initial ownership despite uncertain classification. A provider may unintentionally include reusable materials. Employment status, creation circumstances, and the actual work require a factual legal assessment.

A focused negotiation

Ask counsel whether the work qualifies and whether a separate assignment is needed. List exclusions and necessary use rights expressly. Confirm that all contributors are covered by appropriate documentation.

Sources and scope

U.S. Copyright Office — 17 U.S.C. § 101
Work-made-for-hire definition; classification depends on facts.

U.S. Copyright Office — 17 U.S.C. §§ 201–205
Federal copyright ownership and transfers; does not resolve contract-specific title or other IP rights.