CHAPTER 16
Acquiring IP Rights: Work Made for Hire Agreement alters the relationship of an employer and a freelance creator to allow the employer, not the creator, to acquire the IP rights in the creation. This agreement is required only if the creator is operating on a freelance basis for the employer. In such a case, the creator would be the owner of the IP rights under law, unless the parties agree otherwise in writing. If the creator is an employee, works created within the scope of the employment are presumed to be works made for hire without agreement between the parties, although the parties may change the ownership rights by express written agreement. For discussion of the technical term “work made for hire,” see Chapter 1.
A WORK MADE FOR HIRE AGREEMENT
Work Made for Hire Agreement USE OF FORM
The following form is placed in a letter format because this arrangement is often made informally through the mail without the parties ever meeting face to face. This type of contract is most commonly used for creations that are protected by copyright, and this form additionally focuses on creation of a manuscript for illustrative purposes. However, with slight modification it could instead apply to other types of works that can be protected by copyright, and even to other types of creations, including patents and marks. WORK MADE FOR HIRE AGREEMENT [ company name and address ] [ telephone, fax, and e-mail ] [ date ] [ name and address of creator ]
DEAR [ Sir/Madam ]: THANK YOU AGAIN FOR AGREEING TO PREPARE THE MANUSCRIPT, AS DEFINED IN THE FOLLOWING TERMS. WE CLARIFY AND EMPHASIZE AGAIN THAT YOU ARE PREPARING THE MANUSCRIPT AS AN INDEPENDENT CONTRACTOR AND THAT THE MANUSCRIPT IS ONE MADE FOR HIRE, WHICH MEANS YOU ARE RELINQUISHING ALL RIGHTS IN THE COPYRIGHT TO OUR COMPANY. ACCORDINGLY, THIS LETTER CONSTITUTES THE ENTIRE AGREEMENT BETWEEN OUR COMPANY AND YOU FOR YOUR PREPARATION OF THE MANUSCRIPT ON THE FOLLOWING TERMS AND CONDITIONS:
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