Employed Artists. Copyright in works of regular employees are presumed to be owned by their employers. Thus, in the absence of agreement to the contrary, employers own all rights in works created within an employee’s scope of employment.
Free-Lance Artists and Entrepreneurs. In contrast with employees, free-lance artists and entrepreneurs are ordinarily presumed to own copyright in their work even though there is only one copy, and it is sold. However, a party commissioning a work might insist that it be “for hire” — particularly if it contributes to a still larger work. If (1) this is in writing and (2) the work may be so classified under the definition of “work made for hire” in § 101 of the copyright statute, then both the work and any copyright in it are owned by the party who commissioned it.
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