Work Made for Hire Agreement
Definition and meaning
A Work Made for Hire Agreement is a legal document that establishes the ownership of work created by an individual, known as the Designer, on behalf of another individual or entity, referred to as the Owner. In this arrangement, the work produced is considered to be created for the Owner, who retains all rights related to the work. The specific definition comes from the Copyright Act, which outlines that such works are owned by the person or party that commissioned the work, rather than the creator.
Who should use this form
This form is suitable for parties involved in creative industries such as art, music, writing, and software development, where a Designer is commissioned to create specific materials. It is essential for any Owner seeking to ensure they have full rights to the created work without any claims from the Designer after project completion. This agreement is particularly useful for:
- Business owners hiring contractors for promotional materials.
- Companies developing software or applications through freelance developers.
- Artists or agencies commissioning artwork or design.
Key components of the form
The Work Made for Hire Agreement includes several crucial components that establish the rights and responsibilities of both the Owner and Designer. Key elements often found in this agreement include:
- Parties involved: Identification of the Owner and Designer with their complete contact information.
- Description of the Work: Detailed description of the work being created.
- Ownership Rights: A clause stating that the created work is a work made for hire and all rights are transferred to the Owner.
- Payment Terms: Outline of how and when the Designer will be compensated.
- Moral Rights Waiver: A section where the Designer waives any moral rights or similar rights related to the work.
Common mistakes to avoid when using this form
When completing a Work Made for Hire Agreement, it is vital to avoid common pitfalls that could lead to disputes or misunderstandings. These include:
- Not clearly defining the Work: Ensure the description of the work is precise and comprehensive to avoid any ambiguities.
- Failing to specify payment terms: Clearly outline the payment schedule and any conditions related to payment.
- Omitting signatures: Both parties must sign and date the agreement for it to be legally binding.
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FAQ
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.
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.
2. There must be a written agreement between the party that ordered or commissioned the work and individual(s) who actually created the work. 3. In the written agreement, the parties must expressly agree that the work is to be considered a work made for hire.
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.)
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.
A work for hire agreement is when you give up all ownership and administration rights for the life of a work's copyright in exchange for a flat fee. It is an exception to the prevailing rule that the person who creates a work is its legally recognized author.
Work agreement means a written agreement between the employer and employee that details the terms and conditions of an employee's work away from his central workplace.
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.
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.