Special laws govern the ownership of copyright materials that are created by individuals who work for your business. Works created in employment situations may be an exception to the usual rules of copyright ownership. These come under the category of works made for hire. There are two types of works made for hire: works prepared by an employee within the scope of employment and specially ordered or commissioned works. Works prepared by an employee within the normal course of employment means that the employer has control over the work being done. The employer also has control over the employee`s schedule, assignments, and salary. Lastly, the creator of the work must be receiving benefits similar to the other employees for his or her work to be considered to fit within this category. An example might be a regular employee who, among other duties, routinely creates artwork for your business`s product catalog, and this would be completed at the employee`s usual working location and within normal working hours. In these types of situations, the work created is the property of the business owner, and not the creator of the work. Written agreements are generally not necessary; however, employers sometimes have employees sign agreements establishing that the employer is the owner of the work rather than the employee. In addition, these agreements often include a clause that transfers ownership of any work completed by the employee to the employer in the event that it is ever determined that it was not created within the normal course of employment. When you hire someone specifically for the purpose of creating a work, or if the creation of this work would be considered outside the normal scope of employment, this would be considered a specially commissioned work. This represents the other situation where ownership of the work belongs to the commissioning party or employer rather than the creator of the work. However, a number of special conditions must be met for a work to qualify as a specially commissioned work. If you find yourself in these situations and you are not experienced in dealing with them, it may be in your best interest to consult with an attorney who is familiar with them.

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Entertainment Law