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.
Montana Work Made for Hire Author Contract
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Multi-State
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US-ET0527-AM
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How to fill out Work Made For Hire Author Contract?
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FAQ
Unlike the U.S. Act, the concept of "work made for hire" does not exist in Canadian law. As a general rule, the authorship of a work made pursuant to a contract remains with the employee or contractor, even where the ownership is held by the employer.
Copyright applies to all original literary, dramatic, musical and artistic works provided the conditions set out in the Copyright Act have been met. Each of these general categories covers a wide range of creations, including: literary works such as books, pamphlets, computer programs and other works consisting of text.
There is no provision in Canadian copyright law that corresponds to the ?work made for hire? doctrine in United States law. Therefore, unless an author of a work makes an assignment in writing of the copyright in the work to the person who commissions that work, the author owns copyright in the work.
Author agreements will dictate terms such as who owns the creative work produced, any royalties or advances that will be provided to the writer, and deadlines or standards for the work produced. These agreements may also direct the writer to deliver their product in a specific way.
The U.S. and Canada are both parties to international copyright treaties, however, meaning that works created in one country will be protected in the other country under that country's copyright laws.
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.
?Works made for hire? are an exception to this rule. 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.
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.
