Contract check · Freelance agreement

Can a client claim they own my work just because they paid for it?

The short answer

Copyright Office Circular 30 describes the conditions under which a commissioned work is a 'work made for hire,' including a written agreement signed by both parties and that the work fall into one of nine listed categories. Payment is not listed as a standalone condition for ownership transfer. For copyright to move from the creator to the client, the agreement must either make the work a qualifying work made for hire or include an assignment clause transferring the copyright. What the client's contract says — and whether it includes either of those mechanisms — is the relevant question. Scan your agreement to see what its ownership clause says.

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What Copyright Office Circular 30 describes about commissioned-work ownership

Copyright Office Circular 30 describes that a specially ordered or commissioned work qualifies as a work made for hire only if it satisfies all four criteria: the work falls into one of nine listed categories, there is a written agreement between the commissioning party and the creator, the parties expressly agree in the agreement that the work is work made for hire, and the agreement is signed by both parties. If any of these conditions is not met, the work does not qualify as work made for hire under that mechanism.

A separate assignment clause can also transfer copyright — but again, a written instrument is required under 17 U.S.C. §204(a), which requires transfers of copyright ownership to be in writing and signed by the transferring party. Payment alone, without a written agreement meeting these requirements, does not transfer copyright under the framework Copyright Office Circular 30 describes.

Why people worry

Clients sometimes assert ownership of work based on the fact that they paid for it — a claim that does not map onto the copyright framework the Copyright Office describes. Freelancers in this situation often want to know whether the client's position is correct, or whether they retain rights because no proper assignment or work-for-hire agreement was in place. The contract terms are what determine the answer in any specific situation.

What to look for in your agreement

Questions to ask before signing

Why scan instead of guess

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Common questions

Does paying for creative work automatically give the client copyright?

Copyright Office Circular 30 describes the conditions for works made for hire for commissioned works — they require a written agreement, an express designation, and a qualifying category. Payment is not listed as a standalone transfer mechanism. A separately signed assignment clause is the other main path. Without one of those, the copyright framework the Office describes generally leaves ownership with the creator.

What if the client claims they own the work and you have no written agreement at all?

Circular 30 describes that the conditions for work made for hire in commissioned work include a written instrument. Without a written assignment or a qualifying work-for-hire agreement, the copyright question depends on what documents exist and what they say. This is a situation where having the contract reviewed — or consulting a professional — is worth considering.

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