You wrote it. You made it. It’s yours, right? Well, maybe and maybe not. United States copyright law states that the copyright of a work legally belongs to the creator of that work-unless it is a work-for-hire.

What is a Work for Hire?

A work for hire is also known as a “work made for hire,” which makes its definition a little more obvious. A work for hire is work created by an employee (not an independent contractor) for his or her employer. It is also work created to fulfill an order or commission (a translation, for example) if both parties agree that it will be considered a work made for hire. By law, the employer retains copyright of this material for 120 years, or 95 years after the work is actually published, whichever happens first.

Work for Hire vs. Independent Contractor

According to law, an independent contractor is actually producing a work for hire if the material involved meets all of the following conditions:

o The work is created collectively; is a movie or audiovisual project; is a translation, supplement, atlas, compilation or text; or is a test or test answer key.

o The work was created to fulfill an order or commission.

o There is a written agreement stating that the work was done for hire.

The law also has guidelines to use for deciding whether or not a worker is an employee or independent contractor. These include:

o The source of the worker’s tools, and job location

o The length of the employment relationship

o The employer’s ability to control how the work is done

o The employer’s right to assign more work

o The payment method

o Whether or not the employer provides benefits or withholds taxes

You can find the other guidelines online at copyright.gov.

Transferring Copyright

It is legally possible for the creator of a work to transfer the copyright of his or her creation to the company or person who paid for it, even if the material doesn’t meet the qualifications of a work made for hire. The commissioner will own the copyright for 35 years, after which the agreement ends. The copyright then reverts to the author or heirs, who are free to sell it as they wish.

Work for Hire and Your Plush Toy

How does the concept of work for hire apply to your plush toy business? When you decide to hire a reputable toy manufacturer to design and manufacture your stuffed toy, you are entering into a work for hire relationship. The process is a collective effort, is commissioned by you, and includes a written agreement designating the project as a work for hire relationship. Each team member involved in designing and producing your stuffed toy signs an agreement stating that the toy is a work made for hire. Thus, regardless of changes in design, you retain the copyright of your idea-your plush toy. Because our business is manufacturing bulk orders of plush toys, not invention, we are happy to provide this and other assurances, so that you can feel confident that your idea will remain your own.

Rob E Bishop invites you to bring your stuffed toy invention idea to his website at CustomPlushToys.com where you can learn how to design, create and sell your own stuffed toy idea. Download his free report “Don’t Get Ripped Off” to discover the secrets of how to navigate the dangers in making your toy idea successful. Click Here

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