Who owns the copyright on freelance work?

Answer 1

Read your contract agreement. If you don't have a written agreement, the freelancer owns the copyright of the works, at least under US law since 1976.

Under the US copyright law, unless you are an employee (which would not be "freelance"), you are considered the legal author of your works (and thus, automatically, the owner of the copyright), provided there is not a valid written agreement stating otherwise.

That agreement for a "work made for hire" is ONLY valid if the work falls under one or more of the nine (9) defined categories of works, listed below. Any other type of commissioned work is not and cannot be a "work made for hire". The only possible way for the client to obtain the copyright would be a separate, written "transfer" agreement in which the freelance author assigns the copyright ownership to the client.

Here are the statutory categories for a non-employee "work made for hire":

"a work specially ordered or commissioned for use

1. as a contribution to a collective work,
2. as a part of a motion picture or other audiovisual work,
3. as a translation,
4. as a supplementary work,
5. as a compilation,
6. as an instructional text,
7. as a test,
8. as answer material for a test, or
9. as an atlas,

if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire." 17 USC § 101 [numbers added]

Note that "new computer program" is nowhere in the list, meaning they cannot possibly be commissioned as "works made for hire".

Answer 2

Unless other agreements have been made, the creator generally owns the copyright.

Answer 3

This should be addressed in the contract.

Answer 4

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