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Under the law, the general rule is that the copyright in and to the work product of an individual employee or independent contractor is owned by that individual unless an exception applies. The ?Work for Hire? doctrine is an exception to such rule.
When a work is deemed to be "made for hire," the employer (and not necessarily the employee-creator of the work) is deemed to be the author and therefore owns all rights associated with the work under copyright law.
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.
Hear this out loud PauseA 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. The agreement should outline the expectations and scope of the project.
?Work-for-hire? means that you are paying the writer and, as a consequence thereof, own the screenplay and its copyright outright. You must enter into a written Work-for-Hire Agreement prior to the writer commencing work so that the copyright to the writer's work automatically vests in your production company or you.
Hear this out loud PauseWork-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.
1 For legal purposes, when a work is a ?work made for hire,? the author is not the individual who actually created the work. Instead, the party that hired the individual is considered both the author and the copyright owner of the work.
These self-employed individuals or entities are hired by a business to perform specific tasks or provide services, often for a set period. Unlike work for hire, independent contractors usually maintain ownership of the intellectual property they create during the contract unless stated otherwise.
How to Write a Contractor Agreement Outline Services Provided. The contractor agreement should list all services the contractor will provide. ... Document Duration of the Work. Specify the duration of the working relationship. ... Outline Payment Terms. ... Outline Confidentiality Agreement. ... Consult with a Lawyer.
Your employer cannot simply call you an independent contractor to avoid federal and state legal requirements ? if the characteristics of your job resemble those of an employee, then your employer must treat you as an employee. An independent contractor's job is characterized by independence.