Who Owns the Copyright Interest in a Creative Work?

The creation of a piece of art, a drawing, a cartoon, a tv show, or any other creative work can be the result of an individual’s work or the product of the joint efforts of several individuals. In this context, if two or more individuals are involved in a creative process, it is necessary to determine what are the rights of each party. A copyright interest grants to the author of a work the right to restrict the unauthorized use of his creation, and the right to decide how, where, and when can the work be used, copied, or displayed. In this context, when a work is created by one person but the copyright interest is owned by another, such a work is called a “work for hire” and the copyright interest is assigned to the person who hires the performer. Let’s see.

When is a work of authorship… a work for hire?

According to the laws of the United States, work is for hire when it is created within the scope of an employment relationship or when it is a commissioned work.

Within the scope of an employment relationship

When a person is hired as an employee, the person is hired to perform services on behalf of his or her employer. Accordingly, it is the employer who provides the place, the tools, the instruction about when…