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Determine who owns the intellectual property in your work arrangement based on your contract type, tools, and working relationship.
Based on US copyright law and the work-for-hire doctrine (17 U.S.C. \u00a7 101).
Who owns the work you create? For freelancers and independent contractors, this is one of the most consequential — and most misunderstood — questions in any client relationship.
The default answer depends on your work arrangement. Under US copyright law, the person who creates a work owns it — unless it qualifies as a “work made for hire.” For employees, nearly everything created on the job is automatically owned by the employer. For contractors, it’s the opposite: the contractor owns the work unless there’s a written agreement assigning ownership.
This means that without a clear IP clause in your contract, your client might be paying you for work they don’t legally own. Or you might be giving away rights you intended to keep.
This classifier walks through the key factors that determine IP ownership: your employment status, whether you use your own tools, the nature of the work, whether there’s a written agreement, and whether the work falls under one of the nine statutory “work for hire” categories.
Based on your answers, it recommends the appropriate IP ownership structure for your contract: company owns all work, contractor retains ownership with a license to the client, or shared ownership.
Under US copyright law (17 U.S.C. § 101), a work made for hire is either: (1) work created by an employee within the scope of employment, or (2) certain categories of commissioned work with a written agreement. Only nine specific categories qualify for the second type.
A contribution to a collective work, a part of a motion picture, a translation, a supplementary work, a compilation, an instructional text, a test, answer material for a test, or an atlas. Software, photography, graphic design, and most freelance work do NOT fall into these categories.
Being labeled a contractor helps, but it’s not automatic. If your contract has an IP assignment clause, you’ve already transferred ownership regardless of your employment status. Always read the IP section of any contract before signing.
Yes, and this is often the better approach for contractors. You retain ownership and grant the client a license to use the work. This lets you reuse components, include the work in your portfolio, and maintain your creative library.
Without a written agreement, copyright stays with the creator (the contractor). However, the client has an implied license to use the work for the purpose it was commissioned. This is messy — a clear written agreement protects both parties.
Your contract should include a “prior inventions” or “pre-existing IP” clause that explicitly excludes your existing work, tools, libraries, and frameworks from any IP transfer. Without this, broad assignment language could inadvertently transfer your pre-existing work.
This tool provides general information, not legal advice. Laws vary by jurisdiction and individual circumstances. Consult a qualified attorney for advice specific to your situation.
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