Kentucky Agreement with Writer including a Work for Hire Provision

• Category: Contracts - Writers
• State: Multi-State
• Control #: US-0145BG
• Format: Word; Rich Text

Description

A work for hire is an exception to the general rule that the person who creates a work is the author of that work and holds all rights to the work product. This is a concept of intellectual property protection outlined in Section 101 of the 1976 Copyright Act. In most cases, the person who creates a copyrightable work?ˆ”such as a story, poem, song, essay, sculpture, graphic design, or computer program?ˆ”holds the copyright for that work. A copyright is a form of legal protection which gives the holder sole rights to exploit the work for financial gain for a certain period of time, usually 35 years. In contrast, the copyright for a work for hire is owned by the company that hires the person to create the work or pays for the development of the work. The creator holds no rights to a work for hire under the law. Instead, the employer is solely entitled to exploit the work and profit from it. The concept of work for hire is different from the creator transferring ownership of a copyrightable work, because the latter arrangement allows the creator to reacquire rights to the work after the copyright period expires.

The Kentucky Agreement with Writer is a legally binding contract that outlines the terms of agreement between a writer and the party commissioning the work. One important provision that can be included in this agreement is the Work for Hire provision. This provision clarifies that the commissioned work will be considered as a "work made for hire," meaning that the hiring party will be recognized as the legal author and owner of the work. Under the Kentucky Agreement with Writer, including a Work for Hire Provision, several types of contracts can be specified, depending on the nature of the writing project. Some common examples include: 1. Book Writing Agreement with Work for Hire Provision: This type of agreement is suitable for authors or aspiring writers who are being commissioned to write a book or novel on behalf of another party. The Work for Hire Provision ensures that the hiring party retains all rights to the final manuscript, including copyright ownership. 2. Content Writing Agreement with Work for Hire Provision: This sort of contract is often used in freelance writing scenarios where writers are hired to produce blog posts, articles, or other content for websites, magazines, or businesses. The Work for Hire Provision confirms that the hiring party will have exclusive rights over the content, thereby preventing the writer from using it elsewhere or claiming authorship. 3. Screenwriting Agreement with Work for Hire Provision: This agreement type applies to writers who are commissioned to develop scripts for television shows, movies, or other visual media. Including the Work for Hire Provision ensures that the hiring party retains full ownership rights over the script, including the right to modify, produce, and distribute it without any further involvement or compensation to the writer. In all of these Kentucky Agreements with Writer, including a Work for Hire Provision, it is essential to clearly outline the scope of the work, payment details, deadline, any revision or approval processes, and any additional terms or conditions that both parties may find necessary to include.