The general rule is that the person who creates a work of art is the author. An exception to this rule is "work made for hire". A "work made for hire" is a work of art prepared by an employee within the scope of his or her employment; a work of art specially ordered or commissioned in certain specified circumstances. When a work qualifies as a "work made for hire", the employer or commissioning party is considered to be the author.

Examples of "work made for hire":

1. A software program created by a staff programmer for Computer Software Company.

2. A newspaper article written by a staff journalist for The Daily Newspaper.

3. A sound recording created by a staff engineer of ABC Record Company.

To prevent the "work made for hire" rule from being applied, a written agreement must be signed by both parties. Note, the term of copyright protection for a "work made for hire" is 75 years from the date of publication or 100 years from the date of creation, whichever expires first. A work not made for hire is ordinarily protected by a copyright for the life of the author plus 50 years. Please contact our office at (425) 637-3035 or Email: dac@nwpatents.com if you have any questions or need assiatnce with issues involving "works made for hire".