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Commissioned Works

When work is commissioned by a client, the copyright will not belong to the client.  An example of commissioned work would be that of a photographer who can retain copyright over all his photographs. Work made for hire and commissioned work are different from one another because work made for hire involves an employee and commissioned work is executed by an independent contractor. The parties can execute a written agreement clarifying if they would like the copyright to be vested in the client.  In the absence of an agreement, copyright over the commissioned work would automatically vest in the independent contractor.

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