Open Source Licensing: Software Freedom and Intellectual Property Law

Works Made for Hire

Not every author is the owner of his or her original works of authorship. Many works are prepared by employees within the scope of their employment; those are works made for hire. In most countries, such works are owned by the employer. It is the employer who can decide whether or how to dispose of the work. The employee has no right, title, or interest in the work once the work is done. Here's what the U.S. Copyright Act says:

In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author..., and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright. (17 U.S.C. § 201[b].)

Sometimes ...