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? Definition of Work for Hire: The work is for a client or employer who will own the copyright of the finished product. In publishing, these agreements are often used by companies or individuals who want to write such materials but do not have the necessary expertise or resources to create them.
Since a work does not become "for hire" unless the work falls within one of these nine narrow categories, a written work for hire agreement does not always result in a work becoming "for hire." For example, a novel, can never be a work for hire, because it doesn't fall into one of the nine categories of works eligible ...
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.
What is a work-for-hire agreement? Kristie Scott, attorney and owner of Light Path Law, explains that a work-for-hire agreement is, in its basic form, "an agreement where freelancers agree to give up a portion of their rights to whatever particular service they're providing."
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.
Work-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.
Work for Hire Examples This includes work produced behind-the-scenes for commercial use, such as music, graphic design, art, and written copy. A work for hire agreement may be between just two parties or between a contractor and corporation.