A work for hire is an exception to the general rule that the person who creates a work is the author of that work. According to copyright law, if a work is "made for hire", the employer, and not the employee, is considered the author. The employer may be a firm, an organization, or an individual.
A "work for hire" (sometimes expressed as "work made for hire") is an exception to the general rule that the person who actually creates a work is the legally-recognized author of that work.
If a work is created by an independent or "freelance" contractor (that is, someone who is not an employee), the work may still be a work for hire, but the definition is much harder to meet.
The hiring party's ability to use the work would therefore depend either on the specific terms of its agreement with the author, or upon the concept of an implied license to use the work.
If a work is created by an independent contractor (that is, someone who is not an employee under the general common law of agency), then the work is a specially ordered or commissioned work, and part 2 of the statutory definition applies.
If a work is a work made for hire, the employer or other person for whom the work was prepared is the author.
If a work is a work made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless there has been a written agreement to the contrary signed by both parties.
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