Who Owns a White-Label Deliverable? Copyright Basics for Agencies and Clients

When an agency or coach rebrands a white-label product for a client, the client often assumes they now “own” it. Whether that is true depends on two things: what US copyright law says by default, and what your source license and client contract actually grant. Here is a plain-English overview.

The Default Rule: The Creator Owns the Copyright

According to the US Copyright Office’s Circular 30, the author of a work is ordinarily the person who actually created it. The main exception is a “work made for hire,” where the employer or commissioning party is treated as the author.

When a Commissioned Work Is “Made for Hire”

Circular 30 describes two routes. The first is work created by an employee within the scope of employment. The second applies to specially ordered or commissioned work, and only if all of these conditions are met:

The work falls into one of nine statutory categories, which include a contribution to a collective work, a compilation, an instructional text and a supplementary work.
There is a written agreement that expressly says the work is made for hire.
All parties sign it.

If any condition is missing, the work is not made for hire, and the creator generally remains the owner.

Transfers and Licenses Need to Be in Writing

Copyright can also change hands by assignment. Under 17 U.S.C. § 204(a), a transfer of copyright ownership is not valid unless it is in writing and signed by the owner or an authorized agent. Section 201(d) adds that ownership can be transferred in whole or in part, and individual rights can be owned separately. The Copyright Office FAQ on assignments notes that it does not supply transfer forms; the parties prepare their own document.

You Can’t Pass On More Than You Received

A white-label deliverable usually mixes licensed source material with your own edits. You can only grant a client the rights your source license gives you, and many licenses grant usage rights rather than ownership. Before promising a client full ownership or exclusivity, read the license closely; How to Read a PLR or White-Label License: A Clause-by-Clause Checklist lists the clauses that matter.

Points to Cover in a Client Agreement

Which parts are your original work and which come from licensed source material.
Whether you assign your original contributions, license them, or neither.
What the client may do with the finished product (use, sell, modify, sublicense).
Any third-party fonts, images or templates and their own terms.

If you also need to write license terms for products you sell, our sister site covers how to write clear license terms.

This article is general information about US copyright, not legal advice. Contracts and ownership questions depend on the facts, so check your situation with a qualified attorney.