Let’s say you create original works for a living, whether these works are graphic designs, written articles, musical jingles, or otherwise. You may take great pride in your creations, and understandably so. But you must understand that if you are making these creations on behalf of your employer or another third party, you may not necessarily get to claim them as yours for much longer. That is, these creations may be considered work made for hire. So, with that being said, please continue reading to learn about the rightful legal owner of work made for hire and how an experienced New Jersey copyright lawyer at The Ingber Law Firm can help you understand your rights in the matter given these implications.
Who is the legal owner of work made for hire?
In short, work made for hire is a legal concept in copyright law that refers to work whose copyright is initially owned by the employer or the third party that expressly ordered or commissioned it. Specifically, an employer may order that creating this work is within the scope of the creator’s employment. Or, a third party may have disclosed within a written agreement that ownership of the creative work is to be handed over upon its completion. In other words, this work is not under the legal ownership of its original creator.
What do I need to know before signing a “work made for hire” agreement?
Before agreeing to create a work made for hire, you must understand its serious implications and potential disadvantages. Evidently, the main issue is giving the employer or third party too much control over your creative work. But this also gives them the power to modify or delete parts of your creative work without requiring your explicit information.
What’s more, a work made for hire has a longer shelf life than other copyrighted works. That is, copyright law typically lets the copyright of an original work last the creator’s lifetime plus 70 years. However, for a work made for hire, this lasts for 95 years from publication or 120 years from creation, whichever is shorter. This means that the employer or third party may continually reap the benefits of your creative work for an extended timeframe.
However, you cannot be easily convinced by your employer or a third party that your work constitutes work made for hire if it does not. This may be put into question if you never signed a written agreement indicating such. Or, if you do not receive employee benefits; do not get taxes withheld from your pay; do not get ordered to a certain work schedule; and more. This is to say that your employer cannot and should not misrepresent your worker classification to gain authority over your work.
If you find yourself at a crossroads, please seek the sound advisement of a skilled Essex County, New Jersey intellectual property lawyer. Someone at The Ingber Law Firm will stand by your side at a moment’s notice.
