Who owns the work a freelancer creates for my business?

Corven guide, 7 October 2026

Unless your agreement says otherwise, the freelancer usually does. Under section 11(1) of the Copyright, Designs and Patents Act 1988, the author of a work is the first owner of the copyright in it. Paying for the work does not change that by itself.

Employees and freelancers are treated differently

Section 11(2) makes an employer the first owner of the copyright in a literary, dramatic, musical or artistic work, or a film, made by an employee in the course of employment, subject to any agreement to the contrary. A freelancer or consultant is not your employee, so that rule does not apply to them.

Getting the copyright transferred

To own the copyright, your business needs it assigned. Section 90(3) provides that an assignment of copyright is not effective unless it is in writing and signed by or on behalf of the assignor, which here is the freelancer. An email confirming the job, or an unsigned set of terms, is not enough on its own.

The practical answer is a written consultant or freelancer agreement, signed before the work starts, that assigns the copyright in the work to your business.

This guide is general information about the law of England and Wales. It is not advice on your situation.