Illinois Work for Hire Addendum - Self-Employed
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How to fill out Work For Hire Addendum - Self-Employed?
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FAQ
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
Elements of a Work-for-Hire AgreementScope of the projectexactly what is to be done or produced.Due date of the projectnegotiated with regard to both parties' schedules.Rights to be sold.Payment terms.Confidentiality terms (if any)Arbitration terms (if any)Severabilitygetting out of the agreement.
A work for hire, or work made for hire, refers to works whose ownership belongs to a third party rather than the creator. Under general copyright principals, a copyright becomes the property of the author who created the work.
If you're an employee (as opposed to an independent contractor, freelancer or consultant all interchangeable terms), the implications of work made for hire are clear: the copyright to any work you produce in the course of your employment belongs to your employer, not to you.
A work for hire, or work made for hire, refers to works whose ownership belongs to a third party rather than the creator. Under general copyright principals, a copyright becomes the property of the author who created the work.
Since an independent contractor (unlike an employee) owns the copyright rights to the product he or she creates under the contract, he or she must transfer or assign those rights in writing to the other party to comply with federal copyright law.
The term of copyright protection of a work made for hire is 95 years from the date of publication or 120 years from the date of creation, whichever expires first. (A work not made for hire is ordinarily protected by copyright for the life of the author plus 70 years.)
There are two situations in which a work made for hire is produced: (1) when the work is created by an employee as part of the employee's regular duties and (2) when a certain type of work is created as a result of an express written agreement between the creator and a party specially ordering or commissioning the work
In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of their job, or some limited types of works for which all parties agree in writing to the WFH designation.
Under U.S. copyright law, works made for hire are automatically owned by the employer. As such, the employer is deemed the author and there are no additional concerns about ownership or use. That said, not all works by independent contractors qualify to be deemed works made for hire.
