Work Made for Hire Agreement
About this form
The Work Made for Hire Agreement is a legal document that outlines the specifics of work commissioned from an independent contractor, known as the Designer. This agreement clarifies that the work produced will be considered a "work made for hire," meaning that the ownership of the work belongs solely to the Owner. Unlike general contractor agreements, this contract explicitly addresses ownership rights, copyright considerations, and the expectations for deliverables.
Key parts of this document
- Identification of the Owner and Designer, including their contact information.
- Detailed description of the commissioned work as outlined in Exhibit A.
- Explicit declaration that the work is a work made for hire, transferring copyright ownership to the Owner.
- Clauses regarding moral rights and waiver of attribution for the Designer.
- Terms for resolving disputes, including binding arbitration procedures.
- Provisions covering the legality and validity of the agreement.
When to use this form
This form should be used when an individual or business wishes to hire an independent contractor to perform specific work on a temporary basis. It is ideal for creative projects, software development, graphic design, and any instance where the hiring party wants to ensure that they have full ownership rights to the completed work. Use this form to protect both parties' interests and clarify the terms of the engagement.
Who should use this form
- Business owners seeking to commission work from freelancers.
- Independent contractors, such as designers or developers, hired for specific projects.
- Companies or individuals looking to ensure clear ownership of intellectual property created by hired contractors.
- Anyone engaging in temporary work arrangements that require clear expectations and terms.
Steps to complete this form
- Identify and enter the names and addresses of the Owner and Designer at the beginning of the agreement.
- Attach a detailed description of the commissioned work in Exhibit A.
- Review and ensure the correct application of the work made for hire clause to guarantee copyright transfer.
- Specify any payment terms, timelines, or milestones related to the work completion.
- Both parties should sign and date the agreement to validate it.
Does this form need to be notarized?
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.
Avoid these common issues
- Failing to properly describe the commissioned work in sufficient detail.
- Not including the appropriate signatures from both parties.
- Overlooking the implications of the work made for hire clause on copyright ownership.
- Neglecting to define payment terms and deadlines clearly.
Advantages of online completion
- Convenient access to an attorney-drafted template tailored to your needs.
- Edit and customize the form easily to fit your specific project requirements.
- Reliable storage of your agreement in a downloadable format for future reference.
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.
Form popularity
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.
