Article

Quick Counsel: Software Work for Hire (United States)

Christopher T. Varas, Association of Corporate Counsel · Association of Corporate Counsel Free Advanced

A corporate-counsel reference on why the work-for-hire doctrine frequently does not cover software, and how to structure assignments so ownership is airtight. It is more technical, aimed at people drafting the actual contract, so bring it to your lawyer or use it to vet a template. Advanced but authoritative.

  • Software rarely fits the nine statutory work-for-hire categories.
  • A present assignment is the reliable path to ownership.
  • Copyright transfer does not carry patent rights with it.
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The question it answers

  1. How do I make sure I actually own the code my freelancer writes?

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