Who Owns Your Copyright?

Copyright ownership is often assumed but not always correctly understood. Whether you’re a freelancer or small business in Kansas City or Boulder, knowing who truly owns creative works is essential. Learn more about copyrights in general here.

Do you know the answer? Are you sure? If not, here are some tips to make sure you get it right.

The Default Rule: Who Owns the Copyright?

By default, the creator of an original work owns the copyright unless one of the exceptions below applies.

Three Exceptions to the Default Rule

1. Creations by Employees

If an employee creates an original work within the scope of their employment, copyright ownership automatically belongs to the employer. Employees typically have no independent claim to works they create on the job.

2. Creations by Independent Contractors

For independent contractors, the rules are different. Copyright ownership remains with the contractor unless:

• The work is explicitly designated as a work made for hire in a written agreement between the parties and the work falls into specific categories recognized by the Copyright Act (e.g., commissioned artwork, instructional texts, or audiovisual works), or 
• The parties agree in writing that the contractor is assigning the work to the client (see exception 3 below).

3. Transfer in Writing

A copyright owner can transfer ownership to another party, but it must be done in writing. Without a written transfer agreement, the original creator retains all rights.

Business Tip: Always Use Contracts 

If you are a business using contractors, you should:

• Use a written contractor agreement before work begins.
• Clearly state the work is a work made for hire.
• Include a backup clause transferring ownership in case the work doesn’t qualify as a work made for hire.

Understanding copyright ownership can prevent disputes and protect your business assets. If you are in Colorado, Kansas, or Misosuri and are unsure about your situation, consulting an intellectual property attorney is always a good idea.

*This article is general in nature and is not legal advice.