U.S. Copyright Law--Page 2
Who Owns a Copyright?
The copyright owner can be the author or authors of the work or a person or organization that has obtained ownership of all the rights under the copyright initially belonging to the author or authors.
Work Made for Hire
The biggest exception to this general rule of ownership is for a "work made for hire." There are two circumstances when a work is considered a "work made for hire."
1. A work prepared by an employee within the scope of his or her employment is owned by the employer, unless the employee and employer have agreed otherwise in a written document signed by both employee and employer.
A designer who creates a design within the scope of his employment is not the copyright owner of the design, unless the employee and employer have agreed to that in writing.
2. A work ordered or commissioned for use as a contribution to a collective work is owned by the person or entity who ordered or commissioned it only if there is a written agreement signed by both parties stating that the work will be considered a work made for hire. Thus, if a freelance photographer is retained to take photographs for use in a catalogue, the photographer will retain the copyright in those photographs unless there is a signed agreement to the contrary. The length of copyright differs depending on whether or not the work is a work made for hire.
Transfer of copyright ownership
Following specific technical requirements, copyright owners can also transfer some or all of their exclusive rights. You should consult your own attorney on the issues of ownership, transfer and licensing.