Work for hire or an IP assignment: which one transfers ownership?
Work for hire is a US doctrine that makes the commissioner the author from the outset, but only for employees or nine listed categories of commissioned work. An assignment is a written transfer of copyright after it exists, and it works in every jurisdiction. Outside the US, assignment is the only reliable route.
The commissioner is treated as the author from the moment of creation, with no transfer taking place.
The creator owns it first, then signs the copyright over in writing.
How do they compare, point by point?
| CRITERION | WORK FOR HIRE | AN IP ASSIGNMENT |
|---|---|---|
| Where it works | United States, narrowly | Everywhere |
| Who is the author | The commissioner | The creator, until transfer |
| Must be in writing | Yes, and signed before work starts | Yes, signed by the creator |
| Applies to contractors | Only for nine listed categories | Always |
| Applies to employees | Yes, for work in the scope of employment | Belt and braces, still worth having |
| Can be reclaimed later | No termination right | US authors may terminate after 35 years |
| Moral rights | Not transferred, may be waivable | Not transferred, handle by waiver where lawful |
| Risk if drafted wrong | Falls back to creator ownership | Fails only if unsigned or unclear |
Why does work for hire fail so often?
Because it is a narrow doctrine applied as if it were a magic phrase. For a contractor, US law recognises work for hire in nine categories only: contributions to collective works, motion picture parts, translations, supplementary works, compilations, instructional texts, tests, answer material for tests and atlases.
A logo, a website, an app or a photograph commissioned from a freelancer is not on that list. Writing work made for hire in the contract does not put it there, and the copyright stays with the creator.
In the UK, Germany, France and most of Europe, the doctrine simply does not exist for contractors at all.
What makes an assignment hold up?
It has to be in writing and signed by the person transferring. It has to identify the work clearly enough to know what moved. It should state that it covers all rights, in all media, worldwide, for the full term including extensions and renewals.
It should also handle future works if the relationship is ongoing, deal with moral rights by waiver where that is lawful, and include a further assurances line so the creator will sign registration paperwork later.
What should a contract actually say?
Both, in the right order. Assert work for hire where it is available, and then, in the same clause, assign everything that does not qualify as work for hire. This is standard belt and braces drafting and it is what a well drafted US contract already does.
Without the fallback assignment, a failed work for hire claim leaves the commissioner with an implied licence at best.
Which one should you choose?
CHOOSE WORK FOR HIRE WHEN
- You are a US employer and the creator is an employee
- The commissioned work is genuinely in one of the nine statutory categories
CHOOSE AN IP ASSIGNMENT WHEN
- You are commissioning anywhere outside the United States
- The creator is a freelancer or a studio
- The work is a logo, a design, software, a photograph or music
- You want certainty rather than an argument about categories
Common questions
+My contract says work made for hire. Am I covered?
Only if the work fits a statutory category or the creator was your employee. Otherwise you may hold nothing but an implied licence. Add a present assignment clause and get it signed.
+Can I get an assignment signed after the work is delivered?
Yes, and it is common. Provide fresh consideration where your jurisdiction requires it, and confirm the assignment reaches work already delivered as well as work to come.
+Does paying an invoice transfer copyright?
No. Payment buys what the contract says it buys. Absent a written transfer, the creator keeps the copyright and the payer typically has an implied licence for the purpose the work was commissioned for.
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DEED (2026). Work for hire or an IP assignment: which one transfers ownership?. DEED rights register. https://deed.rizzgroup.org/compare/work-for-hire-vs-ip-assignment