If I hire a freelancer, do I automatically own the copyright?
info Answer
No. Unless the work fits one of the narrow statutory categories of work-for-hire and you have a written agreement stating it, the freelancer usually owns the copyright by default—even if you paid for it. To transfer ownership, you need a written assignment of copyright or a compliant work-for-hire agreement.
Paying a freelancer to create something for you—like a logo, website, photograph, or marketing materials—doesn’t automatically give you ownership of the copyright. Under U.S. copyright law, the default rule is that the creator of a work owns the copyright, even if someone else paid for it. This means that unless you have a specific agreement in place, the freelancer may retain full ownership and simply grant you an implied license to use the work. That license might be limited, and without clear terms, you could face disputes about how you can use, modify, or distribute the work later on.
To secure full ownership, you need to address copyright in writing before or at the time the work is created. One approach is to use a written copyright assignment, which transfers ownership of the work to you once it’s complete. Another option—though only available for certain types of work—is to designate the work as a “work made for hire” in a signed agreement that complies with the legal requirements. We help clients draft and negotiate these agreements so they can be confident they own the intellectual property they pay for, avoiding future conflicts over rights and usage.