This Work for Hire Agreement and Copyright Assignment, hereby referred to as “Agreement,” is made on the [Document.CreatedDate] hereby known as the “Effective Date” between [Client.FirstName] [Client.LastName] , hereby referred to as “Client” and [Contractor.FirstName] [Contractor.LastName] , hereby known as “Contractor,” with both parties collectively referred to as “Parties.”
Adding in a copyright assignment can help the Client protect the work they receive from the Contractor. Through an added copyright assignment, the Client can claim that the work provided is legally theirs to sell, edit, or use with or without credit from the Contractor.
WHEREAS, the Client is a(n) (Organization.Type (i.e., Sole Proprietorship, L.L.C., S. Corp, Nonprofit)) organization whose mission is to (Organization.Mission (i.e., educate the public, inform the public, sell, develop)) concerning (Organization.FocusTopic (i.e., educate the public in climate change, develop software, sell bicycle parts))
WHEREAS, the Contractor is engaged in the (Contractor.ReasonForHire (i.e., engaged in creating films, engaged in creating bicycle parts, engaged in taking photographs))
WHEREAS, the Client desires to engage the Contractor’s services, either independently or with a business, to create, produce/use, and deliver (Clients.ReasonForHire (i.e., The Client wishes to receive a physical or digital product or service from the Contractor)) the finished product/service, hereby known as the “Intangibility” or “Intangibilities.”
THEREFORE, for good and valuable consideration as specified in this Agreement, the receipt and sufficiency of the Parties, intending to be legally bound, agree to the following:
The Parties intend this to be a contract for services, and each considers the Intangibilities rendered by the Contractor as work made for hire. The Contractor acknowledges and agrees that all Intangibilities (and all rights therein, including, but not limited to, copyright) belong to and shall be solely owned by the Client.
If for any reason, the Intangibilities are not considered a work made by hire under applicable state or federal law, the Contractor hereby agrees to transfer, assign or sell all Intangibilities created under the supervision of the Client, its assigns, and successors, including all royalties, income, claims, damages and payments should the Contractor create Intangibilities that are based upon, incorporated or derived from said Intangibilities and is hereafter due or payable with respect to it, and in all causes of action, within equity or law, for past, present, or future infringement based on copyright, and in and to all rights corresponding to the forgoing in the United States or throughout the world.
The work for hire Contractor does not have to sign away all rights that fall beyond the work for hire legislation and cannot be forced. If they agree to offer full copyright over to you willingly, it can be considered legally compliant if they’re of sound mind.
If the Intangibilities fall under the provision of 17 U.S.C. §106A, the Contractor hereby waives and appoints the Client to assets on the Contractors behalf, the Contractor’s moral rights, or any equivalent rights regarding the form or extent of any alterations to the Intangibilities or the making of derivative works based on the Contractors Intangibilities in any medium, for the Client’s purposes.
Section 17 U.S.C. §106A of the Federal Copyright Act states that works of visual art automatically belong to the Contractor. However, a client may want to waive these rights. Similar to section 1. b, the Contractor has no obligation to waive their rights and can’t be forced.
The Contractor acknowledges to execute all documents and to perform acts as the Client may deem necessary to secure the Client’s rights herein assigned.