Work Made for Hire Agreement
What is this form?
The Work Made for Hire Agreement is a legal document that establishes the terms under which an independent contractor creates work specifically commissioned by a client. This agreement clarifies that the work produced is considered a "work made for hire," meaning ownership of the work automatically resides with the client, rather than the contractor. Unlike other contracts, this form is tailored to define the expectations, rights, and responsibilities of both parties regarding the project completion, timelines, and payment terms.
Key parts of this document
- Description of the commissioned work (Exhibit A)
- Confirmation that the work is a "work made for hire"
- Transfer of ownership rights to the client
- Waiver of moral rights by the independent contractor
- Provisions for dispute resolution and arbitration
- Clauses related to notices and the validity of the agreement
Common use cases
This form is useful when hiring an independent contractor to complete a specific project, such as graphic design, writing, or software development. It is essential when you want to ensure that the work produced belongs solely to you, protecting your interests and preventing future disputes over ownership. Use this agreement when you begin negotiations with the contractor, before work commences.
Who should use this form
- Business owners looking to hire independent contractors for specific projects
- Freelancers or independent contractors engaged in creative or technical work
- Professionals requiring clear terms regarding ownership and usage rights of created materials
- Individuals or organizations that need to outline deliverables and deadlines
Completing this form step by step
- Identify the parties involved (Owner and Designer).
- Clearly describe the work to be completed in Exhibit A.
- Review and agree on payment terms and milestones.
- Specify timelines and deadlines for the project.
- Both parties should sign and date the agreement to make it effective.
Does this document require notarization?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Not clearly defining the scope of work in Exhibit A.
- Failing to include specific payment terms, leading to disputes.
- Not having both parties sign the agreement, rendering it unenforceable.
- Overlooking state-specific references that could affect validity.
Advantages of online completion
- Easy access to downloadable forms tailored for your needs.
- Editable fields allow customization for specific projects.
- Reliable legal templates drafted by qualified attorneys.
- Convenience of completing the form from any location.
Legal use & context
- The Work Made for Hire Agreement is legally binding and establishes clear ownership rights.
- It protects the interests of the Owner by ensuring that all rights to the work created are retained.
- Including arbitration clauses ensures that disputes can be resolved effectively without lengthy court procedures.
Main things to remember
- The Work Made for Hire Agreement is essential for clarifying ownership and expectations in commissioned work.
- It ensures that the work created by an independent contractor is legally owned by the hiring party.
- Using this form helps prevent disputes related to copyright and project requirements.
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FAQ
In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of his or her job, or some limited types of works for which all parties agree in writing to the WFH designation.
Generally, the person who creates a work is considered its author and the automatic owner of copyright in that work. However, under the work made for hire doctrine, your employer or the company that has commissioned your work, not you, is considered the author and automatic copyright owner of your work.
2. There must be a written agreement between the party that ordered or commissioned the work and individual(s) who actually created the work. 3. In the written agreement, the parties must expressly agree that the work is to be considered a work made for hire.
The term of copyright protection of a work made for hire is 95 years from the date of publication or 120 years from the date of creation, whichever expires first. (A work not made for hire is ordinarily protected by copyright for the life of the author plus 70 years.)
In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of his or her job, or some limited types of works for which all parties agree in writing to the WFH designation.
A work for hire agreement is when you give up all ownership and administration rights for the life of a work's copyright in exchange for a flat fee. It is an exception to the prevailing rule that the person who creates a work is its legally recognized author.
Work agreement means a written agreement between the employer and employee that details the terms and conditions of an employee's work away from his central workplace.
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.
Generally, the person who creates a work is considered its author and the automatic owner of copyright in that work. However, under the work made for hire doctrine, your employer or the company that has commissioned your work, not you, is considered the author and automatic copyright owner of your work.
