Does a business own copyright in work a freelancer made for it?

A business that hires an outside creator should not assume it owns the result. The Copyright Act sets out who owns a work, and the answer turns on the arrangement. This page covers federal law only.

The author starts as owner

Subject to the Act, the author of a work is the first owner of the copyright in it.

Where the employer rule applies

The employer is the first owner where the author was employed under a contract of service or apprenticeship and made the work in the course of that employment, in the absence of any agreement to the contrary. Whether a particular freelancer was employed under a contract of service is a question for your lawyer.

Getting ownership by assignment

An assignment of copyright is valid only if it is in writing signed by the owner of the right, or by the owner’s duly authorized agent. A business that wants to own a freelancer’s work can look for that signed writing. CIPO describes an assignment as the transfer of some or all of the owner’s rights to another party. CIPO’s guide says that even if an author assigns the copyright, the author continues to hold the moral rights unless they formally waive them.

Partial assignments

Where an assignment is partial, the assignee is treated as the owner for the rights assigned, and the assignor is treated as the owner for the rights not assigned. A buyer should therefore read what was actually assigned.

What a buyer can do

• List the works the business depends on and who made them.
• Ask for the signed written assignment for any work made by someone who was not an employee.
• Ask your lawyer whether the documents cover everything the business uses.