The Work Made For Hire Agreement is essential when businesses need to ensure clear ownership of intellectual property created by contractors or employees. This document, governed by US federal copyright law, specifically addresses the requirements of the Copyright Act of 1976 and establishes the commissioning party as the author and owner of the work from the moment of creation. It's particularly crucial for creative projects, software development, and content creation where intellectual property rights are paramount, and helps prevent future disputes over ownership and usage rights.
Work Made For Hire Agreement for the United States
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Key Requirements PROMPT example:
Work Made For Hire Agreement
"I need a Work Made For Hire Agreement for hiring a freelance software developer to create a mobile app for my startup, with specific provisions for source code ownership and a milestone-based payment structure to be completed by March 2025."
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OR
1. Parties: Identification of contracting parties (employer/commissioner and creator)
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Work Made for Hire' definition under Copyright Act
4. Scope of Work: Detailed description of works to be created and specification of the nine statutory categories if applicable
5. Ownership and Assignment: Clear statement of work made for hire status and ownership rights, including copyright and other IP rights
6. Compensation: Payment terms, schedule, and consideration for the work and rights transfer
7. Warranties and Representations: Creator's warranties regarding originality, non-infringement, and capacity to enter agreement
8. Term and Termination: Duration of the agreement and conditions for termination
9. Confidentiality: Protection of confidential information shared during the creation process
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on competing activities, used when protecting business interests is crucial
2. Moral Rights Waiver: Waiver of attribution and integrity rights, used for works that may be modified or used without attribution
3. Insurance Requirements: Required insurance coverage provisions, used for high-value or high-risk projects
4. Independent Contractor Status: Clear statement of independent contractor relationship, used when creator is not an employee
5. Revisions and Acceptance: Process for requesting and implementing revisions, used for creative or technical works
1. Schedule A - Work Description: Detailed specifications of works to be created, including deliverables and technical requirements
2. Schedule B - Compensation Schedule: Detailed payment terms, milestones, and payment amounts
3. Schedule C - Delivery Schedule: Timeline for work completion and delivery milestones
4. Schedule D - Acceptance Criteria: Specific criteria for accepting completed work and approval process
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