The Creative Work For Hire Agreement is essential when businesses need to commission creative works while ensuring they maintain full ownership of the resulting intellectual property. Used extensively in creative industries, this agreement complies with U.S. copyright law requirements and specifically addresses the nine categories of works eligible for work-for-hire status under the Copyright Act. It covers crucial elements including project scope, payment terms, delivery specifications, ownership rights, and revision processes, while protecting both parties' interests through clear terms and conditions.
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1. Parties: Identifies and defines all parties to the agreement, including their legal names and addresses
2. Background: Explains the context and purpose of the agreement, including the intent to create works under work-for-hire arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Work,' 'Deliverables,' etc.
4. Scope of Work: Detailed description of the creative works to be produced, including specifications and requirements
5. Work for Hire Designation: Explicit statement that the work is being created as work-for-hire under Copyright Act
6. Compensation: Payment terms, amounts, and schedule
7. Ownership and Rights: Clarifies ownership of intellectual property and transfer of rights
8. Term and Termination: Duration of agreement and conditions for termination
1. Confidentiality: Non-disclosure provisions for sensitive information shared during the project
2. Non-Compete: Restrictions on working with competitors to protect business interests
3. Moral Rights: Waiver of moral rights in the work, particularly relevant for international creators
4. Insurance: Requirements for professional liability insurance for high-value or high-risk projects
1. Schedule A - Project Specifications: Detailed technical requirements and deliverable specifications
2. Schedule B - Payment Schedule: Detailed breakdown of payment milestones and amounts
3. Schedule C - Timeline: Project timeline with key milestones and delivery dates
4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors if applicable
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