This development/work-for-hire agreement is used when the buyer contracts for the services of the developer. The buyer owns the work product and the developer retains no rights to work product, other than as needed to perform Services.
Virginia Development Work-for-Hire Agreement
Category:
State:
Multi-State
Control #:
US-TC0607
Format:
Word;
PDF;
Rich Text
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How to fill out Development Work-for-Hire Agreement?
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FAQ
Under general copyright principals, a copyright becomes the property of the author who created the work. However, work for hire is an exception to this principle, and can be established through contract before a particular work is created.
This test considers the following factors: (1) at whose instance the work was prepared; (2) whether the hiring party has the power to accept, reject, modify, or otherwise control the creation of the work; and (3) at whose expense the work was created.
Elements of a work-for-hire agreement Due date of the project?negotiated with regard to both parties' schedules. Rights to be sold. Payment terms. Confidentiality terms (if any)
(1) a translation, (2) a contribution to a motion picture or other audiovisual work, (3) a contribution to a collective work (such as a magazine), (4) as an atlas, (5) as a compilation, (6) as an instructional text, (7) as a test, (8) as answer material for a test, (9) or a supplementary work (i.e., "a secondary ...
In order for a contractor's work to be considered a ?work made for hire,? it must satisfy several conditions: (1) it must be ?specially ordered or commissioned? by the business; (2) must fit into one of nine enumerated categories identified in the Copyright Law; and (3) must be produced pursuant to a written agreement ...
There are two situations in which a work made for hire is produced: (1) when the work is created by an employee as part of the employee's regular duties and (2) when a certain type of work is created as a result of an express written agreement between the creator and a party specially ordering or commissioning the work ...
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.
Among the other factors relevant to this inquiry are the skill required; the source of the instrumentalities and tools; the location of the work; the duration of the relationship between the parties; whether the hiring party has the right to assign additional projects to the hired party; the extent of the hired party's ...