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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.
Many would be surprised to learn that the phrase ?work made for hire?, often unwittingly ?borrowed? from American contracts, has no legal significance in Canadian law.
The law basically states that any person under contract creating any work that both contractor and employer agree to is automatically considered work for hire. Work for hire in California may cause a typical contractor-employer relationship to become employee-employer at the loss of the client.
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.
Notably, Canada doesn't have a "work for hire" regime like the US does. This is why it's critical for companies doing business in Canada to localize their IP ownership clauses to ensure they comply with Canadian laws.
The answer is a resounding yes! US companies have the flexibility to hire remote workers from almost any foreign country, including Canada. This allows businesses to tap into a diverse talent pool outside of the US and benefit from the expertise and skills of foreign employees.
Work for hire is any created work that can be copyrighted like songs, stories, essays, sculptures, paintings, graphic designs, or computer programs. In the U.S., work for hire ? shorthand for the term "a work made for hire" ? applies if the created piece is part of a person's job or made by an independent contractor.
Copyright Ownership If a work is made for hire, the employer or the party that specially ordered or commissioned that work is the initial owner of the copyright in the work unless the employer or the commissioning party has signed a written agreement to the contrary with the work's creator.