This development/work-for-hire agreement is used when the buyer contracts for the services of the developer. The buyer owns the work product and the developer retains no rights to work product, other than as needed to perform Services.
Illinois Development Work-for-Hire Agreement
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US-TC0607
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Elements of a work-for-hire agreement Due date of the project?negotiated with regard to both parties' schedules. Rights to be sold. Payment terms. Confidentiality terms (if any)
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."
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.
[17 USC § 101]?[A] work can only be considered a work for hire if it was created within an author's scope of employment or if it was a commissioned work created by an independent contractor in one of the nine specifically enumerated categories in the statute.? Aluko, at 121.
Commissioned Work- The work must fall within at least one of the following nine statutory categories of commissioned works list in the Copyright Act: (1) a translation, (2) a contribution to a motion picture or other audiovisual work, (3) a contribution to a collective work (such as a magazine), (4) as an atlas, (5) as ...
(1) a translation, (2) a contribution to a motion picture or other audiovisual work, (3) a contribution to a collective work (such as a magazine), (4) as an atlas, (5) as a compilation, (6) as an instructional text, (7) as a test, (8) as answer material for a test, (9) or a supplementary work (i.e., "a secondary ...
35. The nine categories of works in § 101(2) are: (1) a contribution to a collective work, (2) a part of a motion picture or other audiovisual work, (3) a translation, (4) a supplementary work, (5) a compilation, (6) an instructional text, (7) a test, (8) answer material for a test, or (9) an atlas.
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.
