Clause · work for hire

Work for hire explained

Don't sign blind.

A work-for-hire clause assigns intellectual property in the work product to the client or employer. The negotiation is around scope: deliverables only, or anything you create during the engagement; and whether your pre-existing tools sweep in.

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What it usually means

Work for hire is a U.S. copyright concept. In employment, work created within the scope of employment is owned by the employer by default. In freelance and contractor work, the parties must explicitly agree in writing for work-for-hire status to apply.

Why it matters before signing

Broad work-for-hire language can extend to off-hours work, pre-existing tools, and post-engagement creations. Carve-outs for pre-existing materials and portfolio rights are common asks.

What to ask before signing

How Dang catches it

Dang's employment and freelance engines run IP assignment, pre-existing materials, and invention-assignment checks. Findings flag broad work-for-hire patterns and carve-out gaps.

Frequently asked questions

What is "work for hire" under U.S. copyright law?

A doctrine where the employer is the author of work created within the scope of employment, or where parties to a freelance contract specifically agree in writing for one of nine enumerated categories.

Can I keep my pre-existing tools?

Usually yes, with a pre-existing materials carve-out. Worth negotiating before you sign.

What are portfolio rights?

A clause letting you display the work in your portfolio for self-promotion. Worth asking for if not stated.

Sources & further reading