Work for Hire Agreements for Mobile Game Developers

Games have evolved from the simplicity of Pong to the complex, 18 quintillion planet universe of No Man’s Sky. Along with this massive expansion, development teams have evolved, too. While the original idea of any app or game is usually attributed to a stroke of genius from one person, it is understood that a team of individuals produces these massive games. When a developer comes up with a game idea, it is critical that their attention is focused on the production of the game, rather than on worrying about their competitors stealing ideas or their team members running off with innovative concepts.

Using a work-for-hire agreement combats just that. Under the United States Copyright Act of 1976, the author of any creative work has the direct right to that work. With the use of a work-for-hire contract, the work’s ownership is immediately passed from the direct author to his or her employer.

Difference Between Freelance and Work-For-Hire

Developers will often hire artists or authors to create the necessary works for their apps, including seamless coding along with desired visuals and sound. In the past, freelance artists have been used to create works for developers, in the process giving the developer licensing rights for the specific art used. This gave the artists rights to their work to prevent it from being altered without consent.

There has been a shift away from this type of work. While freelance artists are still commonly used, they are often required to sign work-for-hire contracts to give more freedom to the developers. This allows the developers to have complete control over all artistic freedom with the artist’s specific contracted work. However, if a non-freelance, full time employee is also under a work-for-hire contract, then his or her work is always under the full rights of the employer during the employee’s period of work.

Does Work-For-Hire Mean No Accreditation?

Hiring employees as work-for-hire does not mean that the company can’t still choose to credit the authors of certain works to their respective creators. This is up to the company’s discretion and is often agreed upon prior to the employee beginning work. For example, anything produced by Microsoft is always accredited to Microsoft Corporation. In contrast, Adobe Systems generally credits lead software inventors at the loading screen of any of their products.

Why Choose Work-For-Hire

In the end, work-for-hire contracts allow a free-flowing exchange of ideas without the fear of keeping any creative work behind closed doors. When the employees under a developer are allowed to share their ideas, everyone is able to produce their best work without fear of it being taken to another company. This open-minded approach suits the game developing community well, since the multi-faceted industry requires creativity and innovation at every corner.

Mobile Game Attorneys

Developers invest their time and money into producing their mobile games; it is necessary to ensure that their work isn’t later undermined because of minor contractual mistakes. To clarify what type of employment best suits your developing team’s needs, contact one of our Mobile Game Attorneys at 855-473-8474.

The Two Categories of Work Made for Hire

The Copyright Act, 17 U.S.C. § 101, defines a “work made for hire” in two distinct ways. The first applies to works created by employees within the scope of their employment—these are automatically owned by the employer under the Act, with no written agreement required. The second applies to certain categories of specially commissioned works created by independent contractors, but only if: (1) the work falls within one of nine enumerated categories listed in § 101, and (2) the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

The nine enumerated categories are: a contribution to a collective work; a part of a motion picture or other audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; or an atlas. Mobile game components—particularly audiovisual content and music—can fall within the “audiovisual work” or “supplementary work” categories, but code written by independent contractors may not qualify under any of the nine categories. This is a critical gap that developers must address with explicit copyright assignments.

When Work-for-Hire Agreements Are Not Enough

Because not all contractor-created works fall within the nine enumerated categories, work-for-hire agreements for independent contractors should include an explicit copyright assignment as a fallback. A well-drafted agreement should state: (1) to the extent the work qualifies as a work made for hire under 17 U.S.C. § 101, it is a work made for hire; and (2) to the extent it does not qualify, the contractor hereby irrevocably assigns all right, title, and interest in the work to the developer, including all copyright and related rights throughout the world.

Without this dual approach, a developer may discover—often at the time of a funding round, acquisition, or copyright infringement lawsuit—that it does not actually own the copyright to portions of its own game. Courts have found for contractors who created works outside the nine categories under agreements that used work-for-hire language but lacked an explicit assignment clause.

Moral Rights and Foreign Territories

While the United States provides limited moral rights protections (primarily under VARA for works of visual art), many countries where mobile games are distributed recognize stronger moral rights that are inalienable—meaning they cannot be waived even by contract. In France, Germany, and other civil law countries, creators retain the right of attribution (droit de paternité) and the right of integrity (droit au respect de l’oeuvre) regardless of what a work-for-hire or assignment agreement says.

For developers distributing games internationally, this means that even a fully executed work-for-hire agreement governed by U.S. law may not prevent a foreign contractor from asserting moral rights in their home jurisdiction—particularly if the game is distributed there and the developer later modifies the work in ways the creator objects to. Developers with global distribution should consult with international copyright counsel on this point.

Key Provisions in a Well-Drafted Work-for-Hire Agreement

A work-for-hire agreement for mobile game development should include:

• A clear definition of the work covered, including all deliverables and any derivative works created in the course of the engagement
• A dual work-for-hire and assignment clause as described above
• A waiver of moral rights to the maximum extent permitted by law
• A representation by the contractor that the work is original and does not infringe any third-party rights—and an indemnification obligation if that representation proves false
• Clear ownership of pre-existing intellectual property brought to the engagement, with a license to the developer to use it in the work
• Confidentiality obligations protecting the game’s unreleased features, code, and business plans

If you are a mobile game developer who needs work-for-hire agreements, copyright assignments, or advice on protecting your intellectual property, contact Revision Legal at 855-473-8474 or fill out the contact form on this page. Protecting your IP from day one is far less expensive than litigating ownership disputes after launch.

Work-for-hire agreements are not just a legal formality—they are the foundation of a mobile game studio’s intellectual property ownership. Studios that invest in properly drafted agreements before engaging contractors protect the value of their creative work and avoid disputes that can derail launches, funding rounds, or acquisitions. Contact Revision Legal at 855-473-8474 or complete the contact form on this page to have your work-for-hire agreements reviewed or drafted by attorneys who understand the specific needs of game developers.