Work for hire exist under two circumstances:
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.
A work for hire contract shall include, among other things:
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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