Arkansas Work Made for Hire Author Contract

State:
Multi-State
Control #:
US-ET0527-AM
Format:
Word; 
Rich Text
Instant download

Description

Form used to commission an author to write an article on a subject for use separately and in conjunction with a publication subject to terms and conditions of the publisher and acknowledgment by the author that the article shall be a "work made for hire" within the meaning of the United States copyright laws.

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FAQ

An employment contract doesn't always have to be in writing to be enforceable. While that may be the case, written agreements are certainly easier to enforce and not subject to certain limitations that oral agreements are. Oral agreements are still subject to the requirements of what it takes to form a basic contract.

Once a work is considered one made for hire, the authorship and copyright ownership belong to the employer or the person or entity who commissioned the work of the independent contractor.

Notices of Termination. The Copyright Act permits authors or their heirs, under certain circumstances, to terminate the exclusive or nonexclusive grant of a transfer or license of an author's copyright in a work or of any right under a copyright.

There must be a written agreement between the party that ordered or commissioned the work and individual(s) who actually created the work. 3. In the written agreement, the parties must expressly agree that the work is to be considered a work made for hire.

What is a work-for-hire agreement? Kristie Scott, attorney and owner of Light Path Law, explains that a work-for-hire agreement is, in its basic form, "an agreement where freelancers agree to give up a portion of their rights to whatever particular service they're providing."

Clarification: Only copyrightable works that are created by employees within the scope of their employment qualify as ?works made for hire.? If your employee creates something outside of the scope of their job, on their own time, and/or using their own materials and devices, the employee may own the copyright to the ...

In certain situations, an author of a copyrighted work that has been transferred to another can terminate the transfer and reclaim the copyright. A transfer of a copyrighted work created as a work-for-hire, however, cannot be terminated.

The work must be specially ordered or commissioned; there must be a written agreement between the parties specifying that the work is a work made for hire by use of the phrase "work for hire" or "work made for hire."

In order for a contractor's work to be considered a ?work made for hire,? it must satisfy several conditions: (1) it must be ?specially ordered or commissioned? by the business; (2) must fit into one of nine enumerated categories identified in the Copyright Law; and (3) must be produced pursuant to a written agreement ...

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Arkansas Work Made for Hire Author Contract