work made for hire

Employment Scope

Original title attaches automatically only when the creator maintains formal common-law employment status. For a creation to qualify as a work made for hire, the developer must perform work during regular hours using company assets under direct supervision. Code created by founders prior to formal employment or outside company scope remains personal property until formally assigned.

Contractor Limitation

Independent contractors do not automatically produce work for hire regardless of payment terms. Classifying contractor output as a work made for hire requires a written contract explicitly invoking the doctrine and fitting nine narrow statutory categories. Because general software development falls outside these statutory categories, technology companies must include express assignment clauses in contractor agreements.

Statutory Boundary

Statutory employment status cannot be created retroactively through post-development compensation. The doctrine of work made for hire applies strictly at the time of creation, leaving past unassigned contractor work subject to express written conveyances.