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If a creator produces a work, he is generally the owner of the copyright. However, if the creator has been commissioned to create a work for another individual or an organization or is employed to produce or create some type of work, he may not own the copyright to the work under the ?works made for hire? doctrine.
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.
Employee work: Any work an employee creates for your company is considered work for hire. For example, you are the exclusive owner of the photos a photographer working for your company takes.
Work-for-hire agreements are common in film, TV, and advertising, in which production companies often hire composers to create music specifically for their projects. Instead of receiving an initial fee and subsequent royalties, a work-for-hire creator receives only a one-time up-front fee for their 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.
Elements of a work-for-hire agreement Scope of the project?exactly what is to be done or produced. Due date of the project?negotiated with regard to both parties' schedules. Rights to be sold. Payment terms. Confidentiality terms (if any) Arbitration terms (if any) Severability?getting out of the agreement.
How to Write a Contractor Agreement Outline Services Provided. The contractor agreement should list all services the contractor will provide. ... Document Duration of the Work. Specify the duration of the working relationship. ... Outline Payment Terms. ... Outline Confidentiality Agreement. ... Consult with a Lawyer.