Artists and Commissioned Works

Generally, when an artist creates a work, he or she is the sole owner of the image and all rights associated with it.  However, there are some exceptions with regard to commissioned works.

 

Certain types of works an artist creates may belong to the commissioning party or, in some cases, the artist’s employer.  When a work is specially commissioned, or a “work made for hire” and there is an agreement classifying the commissioned work as such, the artist may not own the rights associated with that piece.  The “works made for hire” provision may apply to employees who create the work within the scope of his or her employment.  Additionally, employees that work for recording companies or motion picture production studios may also be creating work for hire.  Other works for hire include translations, manuals, test materials and other supplementary material.

 

It is important to protect yourself before signing any agreement involving your potential rights to artistic or creative work, or entering into an employment relationship based on your artistic or creative talents.  To learn more about your rights and works made for hire, contact Jamie Pruitt Law for assistance.

 

Post written by: Noor Kazmi 

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