Work for Hire Agreement (Writer)
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This kit includes information and tools that will assist you in drafting a “work for hire” agreement for the production of a written work.
In most cases, the creator of a work is the sole and exclusive owner of the copyright in that work. The copyright becomes the property of the creator immediately and automatically as soon as the work in question is set in a fixed form (i.e., a text is fixed when it is written down).
However, in certain situations, the person or entity that hires the creator to create the work will be the owner of the copyright in that work. Such a work is called a “work for hire.” The Copyright Act of 1976 sets forth certain specific rules and guidelines establishing when a work may be considered to be a work for hire.
A work created by an independent contractor must also fall within one of nine specific categories of works in order to qualify as a work for hire. According to the nine categories set forth in the Copyright Act, a work for must be:
(1) A contribution to a collective work
(2) A part of a motion picture of other audiovisual work
(3) A translation
(4) A supplementary work
(5) A compilation
(6) An instructional text
(7) A test
(8) Answer material for a test
(9) An atlas
Included in this kit is a sample form for drafting a Writer’s Work for Hire Agreement, hiring an independent contractor to create a musical composition as a work for hire.
State Law Compliance: Designed for use in all states.
Among others, this form includes the following provisions:
• Work For Hire Defined
• Assignment
• Payment
• Delivery
• Writer’s Representations and Warranties
• Governing Law
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