Work for hire exist under two circumstances:

  1. Work prepared by an employee, that is within the scope of employment
  2. Work created by independent contractors

WHAT IS A WORK FOR HIRE AGREEMENT?

A legally enforceable document which defines the relation between the business owner and the employee hired for performing the task or independent contractor, known as a work for hire agreement. Before assigning the work or starting a project with the independent contractor, a work for hire agreement should be signed to protect both the parties to ensure each party understands their respective rights and obligations.

WHAT SHOULD A WORK FOR HIRE AGREEMENT INCLUDE?

A work for hire contract shall include, among other things:

  • Detailed work schedule
  • Project milestones
  • Timeline for the project
  • Terms of payment
  • Confidentiality

WHAT ARE THE ADVANTAGES OF WORK FOR HIRE AGREEMENT?

The business owner may not necessarily own the rights to the work which they paid for, without a written Work for Hire Agreement in place. Having the person or independent contractor enter into an agreement will ensure that the business owner obtain the rights to the work. To sum up, the purpose of drawing a work for hire agreement is to make the ownership of the creative work explicit.

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