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.
Washington Development Work-for-Hire Agreement
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Control #:
US-TC0607
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How to fill out Development Work-for-Hire Agreement?
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FAQ
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)
Copyright law defines works made for hire as (1) works prepared by an employee within the scope of his or her employment; or (2) a work specially commission for use as contribution to a collective work, as part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, ...
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 ...
In California, a "work made for hire" clause can turn an independent contractor into a statutory employee for workers' compensation and unemployment purposes. California Labor Code section 3351.5(c) and 621(d) and 686 of the California Unemployment Insurance Code say that if a contractor agreement contains a "work made ...
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 ...
[17 USC § 101]?[A] work can only be considered a work for hire if it was created within an author's scope of employment or if it was a commissioned work created by an independent contractor in one of the nine specifically enumerated categories in the statute.? Aluko, at 121.
What is the Difference Between A Work for Hire and an Assignment, in Plain English? A work for hire exists as if the subsequent owner created it. The original "author" of an assigned work is always the author. This is true even if all rights were assigned away.
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.