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What Entrepreneurs Need To Know About The "Work Made For Hire" Doctrine

Presented in partnership with

This presentation will explore the "Work Made for Hire” doctrine, a legal concept with important implications for intellectual property ownership. We will explore how the doctrine fits into the copyright law landscape, how a work comes to be considered a "work made for hire," and what implications that might have for a business, particularly new businesses and start-ups, and for founders, employees, consultants and other individuals. Our presentation will cover practical examples showcasing some of the risks and concerns that typically arise in this space and some of the steps business owners can take to both prevent and mitigate these risks. Attendees will leave with a better understanding of how the "work made for hire" doctrine impacts their business as well as some concrete ideas for how to manage potential risks.

Business areas impacted by the “Work Made For Hire” doctrine include and are not limited to:

  • Employee and independent contractor relationships

  • Creative works such as:

    • photos

    • video

    • graphics

    • song & music, and

    • written works

This training supports Black Connect’s pro bono legal services program and is part of a series of legal basics modules intended to help support Black-owned and founded small businesses, entrepreneurs, and nonprofit organizations avoid costly mistakes and build sustainable businesses.

Legal trainings are free to the general public.  Registration is required.


Meet the Presenters. . .

Payton McCoy, Esq.

Payton McCoy is an associate in the Technology & IP Transactions Practice Group in the Chicago office of Kirkland & Ellis LLP. His practice focuses primarily on the technology and intellectual property aspects of complex business transactions. Payton works in a variety of technology focused and enabled industries, including consumer goods, proptech, e-commerce, logistics, energy, defense, fintech, healthcare and music. Payton has represented public and private companies and private equity funds across a range of industries, including technology, healthcare, energy, consumer products and retail. His experience includes mergers and acquisitions, initial public offerings, joint-ventures, strategic licenses and other corporate and securities matters. In 2022, Payton was named to the “Top 40 Under 40” by The National Black Lawyers in recognition of his corporate/IP transactions practice. Payton received his B.A. from Purdue University and his J.D. from Columbia Law School..

Amani Coutinho, J.D.

Amani Coutinho is an associate in the Technology & IP Transactions Practice Group in the New York office of Kirkland & Ellis LLP. Her group’s practice focuses primarily on the technology and intellectual property aspects of complex business transactions. Amani works in a variety of technology focused and enabled industries, including software, fintech, life sciences, and healthcare. Amani has assisted public and private companies and private equity funds with deals across a range of industries, including technology and healthcare. Her experience includes mergers and acquisitions, initial public offerings, financings, and other corporate and securities matters. Amani received her B.A. from Davidson College and her J.D. from the University of Pennsylvania Law School. Amani is currently seeking admission to the New York bar.