Work Made for Hire Author Contract
About this form
The Work Made for Hire Author Contract is a legal document that commissions an author to produce written content for a publisher. This form establishes that the completed article will be considered a "work made for hire," meaning the publisher retains all rights to the article under U.S. copyright laws. It is uniquely tailored to delineate the responsibilities and rights of both the author and the publisher, setting it apart from standard agreement forms in which copyright ownership might not be explicitly assigned.
Key components of this form
- Date of the agreement
- Commission details including subject and publication
- Delivery date for the manuscript
- Payment terms and expense reimbursement
- Copyright ownership and rights acknowledgment
- Independent contractor status of the author
When to use this document
This form is utilized when a publisher wishes to hire an author for specific writing assignments, such as articles or other written media, ensuring the finished work is owned by the publisher as per copyright law. It is suitable for any publishing scenario where articles may be used in various formats, including online and print publications.
Intended users of this form
- Publishers looking to commission original written content.
- Authors seeking to clarify their terms of compensation and rights concerning published articles.
- Contract managers and legal advisors in the publishing industry.
Completing this form step by step
- Begin by entering the date at the top of the contract.
- Identify the parties involved by providing the author's name and publisher's details.
- Specify the subject of the article and the publication it will be associated with.
- Set delivery deadlines for the manuscript and outline payment terms.
- Review and acknowledge the copyright and ownership terms as described in the form.
- Have both parties sign and date the contract to finalize the agreement.
Notarization requirements for this form
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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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.
Common mistakes
- Failing to specify a delivery date for the manuscript.
- Not clearly defining the subject of the article.
- Overlooking the requirement for signatures from both parties.
- Missing out on payment or reimbursement terms.
Benefits of completing this form online
- Easy accessibility: Download the form whenever needed, saving time.
- Editable: Customize the contract to meet specific project needs.
- Legally sound: Professionally drafted by licensed attorneys ensuring compliance with laws.
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FAQ
But to qualify, a commissioned work must be specified as a work made for hire, either in a contract or other writing, and the work must fit within one of the following categories: (i) a contribution to a collective work, (ii) a part of a motion picture, (iii) a translation, (iv) a supplementary work, (v) a compilation,
The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either:were specifically hired (even without a written agreement) for your inventing skills or to create the invention.
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.
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.
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.
Only the author or those deriving rights from the author can rightfully claim copyright. There is, however, an exception to this principle: works made for hire. If a work is made for hire, an employer is considered the author even if an employee actually created the work.
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. Copyright Term.
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.)
