When you hire a session drummer to play on your track or an engineer to mix your song, who owns the resulting audio? Without a written agreement, the answer might surprise you. In the music industry, Work for Hire (WFH) is a legal concept that determines the "author" and owner of a creative work.

1. What is Work for Hire?

Under US copyright law (and similarly in many other jurisdictions), a work is considered "work for hire" if it is created by an employee within the scope of their employment, or if it is specially commissioned under a written contract stating it is a work for hire.

2. Why Artists and Labels Use WFH

Labels and independent artists use WFH contracts to ensure they have "clean ownership" of their master recordings. If a session singer's contribution isn't Work for Hire, they could technically claim to be a joint author of the recording, which could block you from licensing the song to a movie or collecting full royalties.

3. Essential Elements of a WFH Agreement

• Clear Language: The contract must explicitly state that the contribution is a "Work Made for Hire."
• Assignment Clause: Just in case the work doesn't legally qualify as WFH, a fallback clause should "assign" all rights to the employer.
• Compensation: Clearly state the flat fee being paid in exchange for the full ownership of rights.

4. When NOT to use WFH

If you are collaborating with a co-writer or a producer who is bringing significant creative ideas to the table and you've agreed to split royalties, a WFH might not be appropriate. Instead, you would use a Split Sheet or a Producer Agreement where rights are shared.

Summary

Protect your investment. Whenever you pay someone for a service in the studio, ensure you have a signed agreement. Whether it's a simple WFH or a more complex contract, knowing who owns the master is fundamental to building a sustainable music career.