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A work for hire agreement is a written contract between an employer and an independent contractor (or contracted team or employee) to complete services in exchange for money. The agreement should outline the expectations and scope of the project.
Work for hire is a type of agreement in which an author is hired to create a book, article, or other written material in exchange for a flat fee. The work is for a client or employer who will own the copyright of the finished product.
Freelancers work on their own terms, creating their schedules and finding clients. Contractors have fixed-term contracts through their employer or a third-party agency.
A work for hire, or work made for hire, refers to works whose ownership belongs to a third party rather than the creator. Under general copyright principals, a copyright becomes the property of the author who created the work.
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.
Hire or Rental Agreements set out the terms and conditions by which customers hire or rent goods or equipment from your business. These documents form a contractual agreement between your business and your customers in relation to the hire or rental of goods or equipment.
A Work for Hire Agreement may also be used to ensure that the contractor doesn't retain any rights over the product or the work created. Without a formal agreement in place, rights may not be transferred to the client who purchased the work.
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 ...
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.
?Work-for-hire? means that you are paying the writer and, as a consequence thereof, own the screenplay and its copyright outright. You must enter into a written Work-for-Hire Agreement prior to the writer commencing work so that the copyright to the writer's work automatically vests in your production company or you.