The Work Made For Hire Contract is essential for businesses and individuals in Nigeria who commission creative or technical work and need to ensure clear ownership of the resulting intellectual property. This document is commonly used when engaging freelancers, contractors, or temporary workers for projects that generate copyrightable content, inventions, or designs. It complies with Nigerian intellectual property law, particularly the Copyright Act and the Patents and Designs Act, while incorporating necessary employment law considerations. The agreement specifies the nature of the work, payment terms, delivery schedules, and most importantly, establishes that the work is created as "work made for hire," meaning all rights automatically vest with the commissioning party. This type of contract is particularly crucial in today's digital economy where intellectual property rights are increasingly valuable assets.
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1. Parties: Identification of the hiring party (company/individual) and the creator/worker
2. Background: Context of the agreement and general purpose of the work-for-hire arrangement
3. Definitions: Key terms used throughout the agreement including 'Work,' 'Intellectual Property Rights,' and 'Deliverables'
4. Scope of Work: Detailed description of the services or work to be performed
5. Work Made for Hire: Express provision stating that all work is made for hire and belongs to the hiring party
6. Assignment of Rights: Comprehensive transfer of all intellectual property rights to the hiring party
7. Payment Terms: Compensation, payment schedule, and related financial terms
8. Representations and Warranties: Creator's warranties regarding originality of work and right to enter agreement
9. Confidentiality: Protection of confidential information exchanged during the project
10. Term and Termination: Duration of agreement and circumstances for termination
11. General Provisions: Standard contractual terms including governing law, notices, and amendments
1. Non-Compete: Restrictions on competing activities, used when creator will have access to sensitive business information
2. Equipment and Resources: Details about tools and resources provided by the hiring party, used when specific equipment is needed
3. Moral Rights Waiver: Explicit waiver of moral rights, used for creative works where attribution rights need to be addressed
4. Insurance: Insurance requirements, used when work involves higher-risk activities
5. Training Requirements: Specific training or certification requirements, used when work requires special qualifications
6. Performance Metrics: Specific performance standards and evaluation criteria, used for longer-term or complex projects
1. Schedule A - Scope of Work: Detailed description of deliverables, timelines, and specific requirements
2. Schedule B - Payment Schedule: Detailed breakdown of payment amounts, milestones, and payment terms
3. Schedule C - Specifications: Technical or creative specifications for the work to be produced
4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors if applicable
5. Appendix 1 - Confidential Information: Specific details about what constitutes confidential information
6. Appendix 2 - Required Tools and Equipment: List of tools, software, or equipment required for the work
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