For any business that wants to own all rights in a work, there are two significant limitations in relying on
· For most works prepared by independent contractors, WMFH treatment is not available because
the work is not of one of the enumerated types.
· Even if the work is a WMFH, that status has no bearing on rights other than copyright, such as
those pertaining to patents.
Consequently, prudent businesses often include in agreements with employees and independent
contractors both WMFH language and a provision that explicitly assigns all rights to the work. An
Company will have all right, title and interest in and to the Work Product. Company will be the
sole and exclusive owner of the Work Product as a "work made for hire" under applicable
copyright laws. If any Work Product is not deemed a "work made for hire", Supplier hereby
assigns to Company all of Supplier's right, title and interest in the Work Product. Supplier hereby
waives any moral rights that it may have in the Work Product.
The bottom line: One can pay for a work yet not own it. It is far better to ensure ownership with a
properly drafted agreement.
Dana Shultz (www.danashultz.com) provides hightouch legal services to hightech companies. He can be
reached at 5105470545 or firstname.lastname@example.org.
The information in this article is not intended as legal advice. If you need legal advice on a matter, please
contact an attorney directly.