Work for Hire
Agreement where the hiring party owns copyright to created work.
Definition
Work for Hire is a copyright principle where works created by contractors or employees belong to the hiring party rather than the creator. In music, this often applies to session musicians, producers, and composers creating music for commercial projects.
For work-for-hire agreements to be valid, they must be explicitly agreed to in writing before work begins. Without such agreements, creators retain copyright to their contributions.
Why It Matters
Work-for-hire determines ownership of recordings and compositions. Session musicians working under work-for-hire earn flat fees but no royalties or ownership. Producers or writers without work-for-hire agreements maintain ownership stakes.
Businesses commissioning music should secure work-for-hire agreements to avoid future ownership disputes or royalty obligations. Creators should understand that work-for-hire means giving up future income from the work.
Examples in Practice
A company hiring a composer to create background music for corporate videos typically uses a work-for-hire agreement, paying a flat fee and owning the music outright. Session musicians recording for an album usually work for hire, earning session fees without ownership.
Film composers may negotiate to retain partial ownership rather than pure work-for-hire, allowing them to earn from soundtrack sales and licensing separate from the film.