What is Commissioned Work & Copyright Ownership?
Under the Philippine Intellectual Property Code (Republic Act 8293), a client who commissions and pays for creative work owns the work itself, but copyright stays with the creator unless a written stipulation says otherwise. Copyright is likewise not treated as assigned unless that intention is set down in writing.
- Category
- Philippine Business & Compliance
- Also called
- Work for hire Philippines, IP ownership freelancer vs agency, Copyright assignment
- Related
- Project HandoverCustom Software vs Off-the-Shelf SoftwareBusiness Process Outsourcing (BPO)Electronic Signature & Digital Signature
- In our work
- Common questionsStart a conversation
This is a default rule rather than a trap, and it lands the same way whether the creator is a freelancer, a studio or an agency. Software is protected as a literary work under the same Code, so a website, an application and its source code sit inside this regime alongside logos, photographs and copy. Employment is treated differently: work produced by an employee as part of regularly assigned duties generally belongs to the employer, absent an agreement to the contrary.
The practical consequence is that ownership is settled by what the contract says rather than by who paid the invoice. A written assignment clause, naming the deliverables it covers and stating when it takes effect, is what actually moves copyright. Agreements that stay silent leave the default in place, which tends to surface years later when a business wants to sell, raise money or move to another provider — and the answer then depends on documents nobody read at the time. Ownership terms are worth reviewing with a lawyer before signing rather than after.
Common questions.
If I pay a developer to build my website, do I own the code?
You own the commissioned work, but under the Philippine Intellectual Property Code the copyright remains with the creator unless a written stipulation transfers it. The question is therefore answered by the contract rather than by the payment. Read what the agreement says about assignment and licensing before work starts. This is general information, not legal advice.
Does a copyright assignment have to be a separate document?
Not necessarily. What the law looks for is a written indication of the intention to assign, so a clause inside the main services agreement is the usual approach. It should identify the material it covers and be clear about when the transfer takes effect. Have a lawyer confirm the drafting for anything valuable.
Related terms.
Project Handover
Product & DeliveryProject handover is the transfer of a finished system and the knowledge needed to run it: production access, hosting and domain accounts, environment variables, deployment steps, and documentation of how the parts fit together.
Custom Software vs Off-the-Shelf Software
Web & Software EngineeringCustom software is built for one organisation’s specific process; off-the-shelf software is a finished product many organisations subscribe to, such as Shopify or QuickBooks.
Business Process Outsourcing (BPO)
Philippine Business & ComplianceBusiness process outsourcing is the practice of contracting a business function, such as customer support, finance and accounting, back-office administration or IT services, to an external provider rather than staffing it internally.
Electronic Signature & Digital Signature
Philippine Business & ComplianceAn electronic signature is any mark, sound or process in electronic form that identifies a signatory and indicates their approval of a document.
Scoping a project?
Reading definitions because you are scoping a project? Skip ahead and just ask.