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In the case of SoundBetter, you will need to establish that it is work for hire between you and the artist you're hiring before you start the job. If you find a contractor and aren't on a job site (like SoundBetter), you can draw up a contract for both parties to sign.
A work for hire agreement is a one-time contract that guarantees the recipient an upfront cost, or other form of payment, in return for services. This wildly different from receiving royalties, so pay close attention as we break down what you need to know.
Many would be surprised to learn that the phrase ?work made for hire?, often unwittingly ?borrowed? from American contracts, has no legal significance in Canadian law.
A work for hire agreement is a written contract between an employer and an independent contractor (or contracted team or employee) to complete services in exchange for money.
Elements of a work-for-hire agreement Scope of the project?exactly what is to be done or produced. Due date of the project?negotiated with regard to both parties' schedules. Rights to be sold. Payment terms. Confidentiality terms (if any) Arbitration terms (if any) Severability?getting out of the agreement.
A work for hire contract is used in almost all music recording projects to ensure that a label (or a DIY artist) owns everything created as a result of the services of others involved in the recording process such as session musicians, producers, engineers, mixers, and masterers.
Work-for-hire agreements are common in film, TV, and advertising, in which production companies often hire composers to create music specifically for their projects. Instead of receiving an initial fee and subsequent royalties, a work-for-hire creator receives only a one-time up-front fee for their work.
If a work is made for hire, the person or entity that hired the actual creator of the work is considered the legal author of the work. Under California law, a party transferring rights to any work made under an agreement for hire is an employee for purposes of workers' compensation and unemployment insurance.