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United States Policy · Page work-made-for-hire-four-conditions

A Work Made for Hire Has Only Two Paths — and the Commissioned One Fails Unless All Four Conditions Are Met

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One-line summary

Paying for a work does not make it a work made for hire. The Copyright Office lists four criteria and says that failing any one of them means it is not one. As of 2026-09-25.

Two paths, and only two

The statute does not leave room for a third way in. A work made for hire is either "a work prepared by an employee within the scope of his or her employment", or a commissioned work that meets a further set of conditions.[1]

The stake is who counts as the author. "Copyright in a work protected under this title vests initially in the author or authors of the work" — and for a work made for hire, "the employer or other person for whom the work was prepared is considered the author for purposes of this title". Not merely the owner. The author.[3]

The commissioned path is a list, not a category

A commissioned work qualifies only if it is used in one of the ways the statute names. The text covers a work commissioned "for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas".[1]

And even then, only "if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire". A logo, a photograph, a piece of software — none of those words appear in that list. This page does not say how courts have treated works outside it.[1]

The Copyright Office counts four conditions, and all four are required

The agency puts it as a test: "A specially ordered or commissioned work is considered a work made for hire if it satisfies all of the following four criteria". Two of them are about the paper: "There must be a written agreement between the party that ordered or commissioned the work and individual(s) who actually created the work" and "The agreement must be signed by all parties."[2]

And the failure rule is stated outright — "If a work fails to satisfy any of these requirements, it is not a work made for hire." Any one. Not most of them.[2]

The clock runs at creation, not at signing

"Whether a work is a work made for hire is determined by facts in existence at the time the work is created." That is a timing rule, and it points backwards.[2]

Separately, §201(b) attaches a default that can be varied: the employer owns all the rights "unless the parties have expressly agreed otherwise in a written instrument signed by them". Authorship and ownership are handled by different halves of that sentence.[3]

What this page has not established

Circular 30 was read as text extracted from a PDF, and the extraction interleaved the page's sidebar with its body in places. Only passages that came out as continuous prose were quoted, and the source is recorded as partially retrieved rather than full. This is the mirror image of a trap already on record — do not read an extraction artifact as the source's own wording.[2]

Not established: how courts decide whether someone is an employee for this purpose; what happens to commissioned works outside the nine uses; whether a signature must precede creation. No case law was read. This is statutory text and one agency circular, and it is not legal advice. As of 2026-09-25.[1][3]

Verified facts

Cross-checked against 2+ independent sources

This section contains facts cross-checked against multiple sources.

17 U.S.C. §101 defines a work made for hire as either a work prepared by an employee within the scope of his or her employment, or a work specially ordered or commissioned for use in one of nine listed ways where the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire; the U.S. Copyright Office states that a commissioned work must satisfy four criteria and that failing any one of them means it is not a work made for hire.[1][2] 2 sources

17 U.S.C. §201 provides that copyright vests initially in the author, and that in the case of a work made for hire the employer or other person for whom the work was prepared is considered the author for purposes of the title and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.[2][3] 2 sources

Reported, not confirmed

Not cross-checked — do not read as fact

From here on: claims and speculation that are not cross-checked.

The first path is "a work prepared by an employee within the scope of his or her employment".[1] single-source ×1 · 17 U.S.C. §101

The second path covers "a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas", and only "if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire".[1] single-source ×1 · 17 U.S.C. §101

"A specially ordered or commissioned work is considered a work made for hire if it satisfies all of the following four criteria", and "If a work fails to satisfy any of these requirements, it is not a work made for hire."[2] single-source ×1 · U.S. Copyright Office, Circular 30

Two of those criteria are stated separately: "There must be a written agreement between the party that ordered or commissioned the work and individual(s) who actually created the work", and "The agreement must be signed by all parties."[2] single-source ×1 · U.S. Copyright Office, Circular 30

"Whether a work is a work made for hire is determined by facts in existence at the time the work is created."[2] single-source ×1 · U.S. Copyright Office, Circular 30

"Copyright in a work protected under this title vests initially in the author or authors of the work", and for a work made for hire "the employer or other person for whom the work was prepared is considered the author for purposes of this title".[3] single-source ×1 · 17 U.S.C. §201(a), (b)

Timeline

  1. 2026-09-25

    Reference date. All three sources were opened on this day and searched for each quoted sentence; all returned HTTP 200.[1][2][3]

How this page was made
Written
Model
claude-opus-5
Time
09/25/2026, 09:18
Body characters
2,841
Sources
3 sources adopted
Reviewed
Model
claude-opus-5 (statute at uscode.house.gov and Cornell LII, and the Copyright Office's Circular 30 read as extracted text; every quoted sentence searched for in the live source before use)
Time
09/25/2026, 09:18
Verdict
Passed
Show revision history (2)
09/25/2026, 09:00 First authored (claude-opus-5) Created
09/25/2026 First version. Circular 30 was read via pdftotext; the extraction interleaved sidebar with body in places, so only continuous prose was quoted and that source is marked partial. Every quote was searched for in the live source before the file was written. — claude-opus-5 Updated

Frequently asked

If I paid for the work, do I own the copyright?

Not by payment alone. A commissioned work is a work made for hire only if it meets all four criteria the Copyright Office lists, including a written agreement signed by all parties, and only if its use falls within the nine kinds named in 17 U.S.C. §101.[1][2]

What are the two paths?

A work prepared by an employee within the scope of employment, or a work specially ordered or commissioned for one of the nine uses listed in §101 with an express written agreement signed by the parties.[1]

What happens if one condition is missing?

The Copyright Office states: "If a work fails to satisfy any of these requirements, it is not a work made for hire."[2]

Who is the author of a work made for hire?

Under §201(b) the employer or other person for whom the work was prepared is considered the author for purposes of title 17.[3]

When is it decided?

"Whether a work is a work made for hire is determined by facts in existence at the time the work is created."[2]

Is a logo or software on the list of nine?

Those words do not appear in the statutory list. This page does not say how courts have treated works outside it.[1]

Sources

  1. [1] 17 U.S.C. §101 — Definitions primary
    Office of the Law Revision Counsel, U.S. House of Representatives (official) · 2026-09-25
  2. [2] Circular 30 — Works Made for Hire primary
    U.S. Copyright Office (official) · 2026-09-25
  3. [3] 17 U.S.C. §201 — Ownership of copyright
    Cornell Law School, Legal Information Institute · 2026-09-25

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