Q&As

Can IP rights in works created by a supplier and provided to its client under a Supplier Agreement be deemed to be the UK equivalent of ‘work made for hire’ and therefore automatically owned by the client?

read titleRead full title
Published on LexisPSL on 10/04/2018

The following IP Q&A provides comprehensive and up to date legal information covering:

  • Can IP rights in works created by a supplier and provided to its client under a Supplier Agreement be deemed to be the UK equivalent of ‘work made for hire’ and therefore automatically owned by the client?
  • The US concept of work made for hire
  • In the UK
  • A Supplier Agreement

Can IP rights in works created by a supplier and provided to its client under a Supplier Agreement be deemed to be the UK equivalent of ‘work made for hire’ and therefore automatically owned by the client?

It has been assumed that copyright subsists in the works under the Copyright, Designs and Patents Act 1988 (CDPA 1988). See Practice Note: Copyright—subsistence and qualification. It has also been assumed that the law of England and Wales applies.

This Q&A covers copyright law only.

The US concept of work made for hire

In the US, the copyright in any work belongs initially to its author. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author unless the parties have expressly agreed otherwise in a written instrument signed by them. For further detail, see EF&P: USA: authorship ownership and transfer of copyright: Encyclopaedia of Forms and Precedents [78].

In the UK

For

Related documents:

Popular documents