506.4 (B) Work Made for Hire Questionnaire
Upon request, the U.S. Copyright Office will provide the applicant with general information about the provisions of the Copyright Act, including the statutory definition of a work made for hire, and will explain the relevant practices and procedures for registering the work.
The Office cannot provide specific legal advice on the rights of persons, issues involving a particular use of a copyrighted work, cases of alleged foreign or domestic copyright infringement, contracts between authors and publishers, or other matters of a similar nature. 37 C.F.R. § 201.2 (A) (3). However, the Office has developed a questionnaire that may be useful to applicants in determining whether a particular work fits within the statutory definition of a work made for hire.
NOTE: This questionnaire is only intended for use in connection with works created on or after January 1, 1978.
Question 1: Was the work created by an employee?
NOTE: The fact that someone was hired or paid to create a work does not necessarily mean that that person is an employee. For guidance on whether a person may be considered an employee, see Section 506.2.
If the answer to Question 1 is “yes,” proceed to Question 2. If the answer is “no,” proceed to Question 3.
Question 2: Did the employee create the work while acting within the scope of his or her employment?
If the answer to Question 2 is “yes,” the work is a work made for hire. For guidance in completing an application to register a work made for hire, see Chapter 600, Section 614.1.
If the answer is “no,” proceed to Question 3.
Question 3: Is there a written agreement between the party that ordered or commissioned the work and the party who created the work?
If the answer is “no,” the work is not a work made for hire.
If the answer is “yes,” proceed to Question 4.
Question 4: Was the written agreement signed by the party that ordered or commissioned the work and the party who created the work?
If the answer is “no,” the work is not a work made for hire.
If the answer is “yes,” proceed to Question 5.
Question 5: Did the parties expressly agree in the written agreement that the work shall be considered a work made for hire?
If the answer is “no,” the work is not a work made for hire.
If the answer is “yes,” proceed to Question 6.
Question 6: Was the work specially ordered or commissioned for use in one or more of the following types of works?
• An atlas.
• A test.
• Answer material for a test.
• A translation.
• As part of a motion picture or other audiovisual work.
• A compilation.
• A contribution to a collective work.
• A supplementary work.
• An instructional text.
If the answer is “no,” the work is not a work made for hire.
If the answer is “yes,” the work is a work made for hire. For guidance in completing an application to register a work made for hire, see Chapter 600, Section 614.1.