What work for hire means
Work for hire describes the ownership of copyright in work somebody created for you.
The starting position in copyright law is that the author owns the copyright. Paying somebody to create something does not, by itself, transfer that ownership.
There is an important exception. Where a work is made by an employee in the course of their employment, the copyright generally vests in the employer, subject to any agreement to the contrary. That is the position most businesses assume applies to everything, and it does not.
For commissioned work by somebody who is not an employee, the analysis is different and depends on the arrangement and on the applicable provisions. A business that engaged a freelance designer, developer or photographer and simply paid the invoice may hold a licence to use the work for the purpose it was commissioned for, rather than owning it.
The reliable answer, in every case, is a written assignment.
How it is used
The practical consequences show up when a business wants to do something new with the work.
A logo designed by a freelancer, which the business now wants to register as a trademark and license to a franchisee.
Software built by a contractor, which an investor's due diligence asks about.
Photographs commissioned for a website, now being used in paid advertising and on packaging.
Content written by an agency, which the business wants to sell as a product.
In each case the question is not whether the business paid. It is whether it owns.
The fix is a written assignment of copyright, signed by the creator, describing the work and assigning all rights in it, present and future. For an employee it is worth including a confirmatory assignment in the employment contract even though the default position usually favours the employer, because it removes any argument about whether the work was in the course of employment.
Moral rights are separate. They belong to the author personally and do not travel with an assignment, so credit and alteration should be dealt with expressly.
Key features
- Copyright generally vests in the author, not the person who paid
- Works made by an employee in the course of employment usually vest in the employer
- Commissioned work by a non employee is not automatically owned by the commissioner
- A written assignment is the reliable way to acquire ownership
- Employment contracts should include a confirmatory assignment
- Moral rights remain with the author regardless of assignment
How this works in Nigeria
Nigerian copyright legislation was comprehensively replaced in 2022, and it deals with works made in the course of employment and with commissioned works. The practical advice does not change: take an assignment in writing.
The Nigerian creative and technology economy runs largely on informal engagement. A designer works from a WhatsApp brief. A developer is paid per milestone with no contract. A photographer shoots for a flat fee. In none of those cases is ownership usually addressed, and both sides assume they own the result.
The moment it matters is almost always the same: an investor's due diligence, a trademark application, or a dispute when the relationship ends.
For businesses the checklist is short. Every freelancer, contractor and agency engagement should carry a written assignment of intellectual property. Every employment contract should carry a confirmatory assignment. Interns and NYSC members should be covered too, because they are frequently the ones producing content and code.
For creators the corresponding point is that an assignment is permanent. Assigning copyright in a logo for a one off fee means you cannot use it in your portfolio for commercial purposes, cannot license it elsewhere, and cannot object to how it is used, subject only to your moral rights. A licence for the client's stated purpose is often the fairer arrangement, and it should be priced accordingly.
Employee work vs commissioned work vs licensed work
Three ways a business ends up using something somebody else created.
Employee work. Created by an employee in the course of employment, and copyright generally vests in the employer subject to agreement. A confirmatory assignment in the contract removes argument about whether a particular work was in the course of employment.
Commissioned work. Created by a non employee under a commission. Ownership is not automatic, and the business may hold only a licence for the commissioned purpose unless there is a written assignment.
Licensed work. Created by somebody else and used under a licence, whether from a stock library, a rights holder or the creator directly. The business never owns it, and the licence scope defines what may be done, including whether paid advertising is covered.
A business should know which of the three applies to each asset it relies on, and the answer for anything valuable should be the first or the second with an assignment.
Limits and risks
An assignment must be in writing to be effective, so a verbal agreement that the client would own the work is a weak position.
Future works also need care. An assignment covering work not yet created should be drafted to capture it, and a generic clause may not.
Moral rights do not transfer, so a business that owns the copyright can still face objections about credit and derogatory treatment.
And assignment does not solve third party content. A designer who used a stock image or a font without the right licence has passed that problem to the client, which is why commission agreements should include a warranty that the work is original and clear of third party rights.
Worth knowing
Take a written assignment from every freelancer, agency and contractor, and include a confirmatory one in employment contracts. Nigerian businesses discover during investor due diligence that they do not own their own logo or codebase, and by then the creator has leverage they did not have at the start.
Questions people ask
If I paid for it, do I own it?
Not necessarily. Copyright generally vests in the author, and paying for work does not by itself transfer ownership. The reliable way to acquire it is a written assignment signed by the creator.
Who owns work created by my employee?
Where a work is made by an employee in the course of their employment, copyright generally vests in the employer subject to any agreement to the contrary. A confirmatory assignment in the contract removes any argument.
Who owns work created by a freelancer?
Ownership is not automatic for a non employee. The business may hold only a licence to use the work for the purpose it was commissioned for, unless there is a written assignment.
What should an assignment cover?
The work, described clearly, an assignment of all rights present and future, a warranty that the work is original and clear of third party rights, and how moral rights and credit are to be handled.
Do moral rights transfer with an assignment?
No. They belong to the author personally and do not travel with an assignment, so credit and permitted alterations should be dealt with expressly in the agreement.
What about interns and NYSC members?
They are frequently the ones producing content and code, and they are not necessarily employees. Cover them with the same written assignment you would use for a freelancer.