In the copyright world, the general rule is that the creator of a work owns the copyright in that work. However, this general rule does not apply to all copyrightable works, including so-called “works for hire.” The copyright “work for hire” doctrine provides that the employer automatically owns the copyright in a work for hire created by its employee within the scope of the employee’s employment, absent a written agreement to the contrary. However, there are many misconceptions regarding “works for hire” under U.S. copyright law. First and foremost, the “work for hire” doctrine applies only to a very narrow category of works, as defined in Section 101 of the U.S. Copyright Act (Title 17 of the U.S. Code). Moreover, it only applies to copyrightable works, and does not extend to works protected by trade secrets, patents, or trademarks.

Many companies and individuals generate a significant amount of material protected by copyright, including video, print, music and merchandise. Unfortunately, this material can be infringed or “reused” by others with relative ease given the ubiquity of the internet and tech-enabled counterfeiting capabilities. The Digital Millennium Copyright Act (DMCA) offers a means by which copyright holders can seek recourse in the event of infringement. This article will provide a roadmap for leveraging the provisions of DMCA to protect your copyrighted material, starting with a brief history on how this law came into existence.