A Wisconsin Work Made for Hire Agreement is a legally binding contract that outlines the terms and conditions under which a company or employer retains ownership of any work created by an employee or an independent contractor. This agreement is crucial in clarifying the rights and responsibilities of both parties regarding the intellectual property or creative works produced within the scope of their employment or contractual relationship. In Wisconsin, there are two main types of Work Made for Hire Agreements: one for employees and another for independent contractors. It's important to distinguish between the two as the legal implications and ownership rights differ significantly. 1. Wisconsin Work Made for Hire Agreement for Employees: This agreement is applicable when an individual is hired as an employee by an organization. In this case, any work or inventions created by the employee during their employment are automatically considered as the property of the employer. Key elements often included in this agreement are: — Scope of employment: Clearly defining the tasks, responsibilities, and projects the employee will undertake during their employment. — Intellectual property ownership: Stating that any work or inventions developed within the scope of employment are the sole property of the employer. — Non-disclosure clauses: Including provisions to ensure the confidentiality of sensitive information and trade secrets belonging to the employer. — Non-compete clauses: Restricting employees from engaging in similar work or competing with the employer for a specified period after termination. — Assignment of rights: The employee agrees to assign all rights, title, and interests in the work to the employer. 2. Wisconsin Work Made for Hire Agreement for Independent Contractors: This type of agreement applies to individuals or entities hired as independent contractors or freelancers to perform specific tasks or provide services for a company. Unlike employees, independent contractors are usually considered separate entities and, by default, retain ownership of any work they create unless there is a proper agreement in place. Key provisions in this agreement may include: — Work specifications: Clearly defining the scope, nature, and deliverables of the project or service to be provided by the contractor. — Ownership of work: Clearly stating that the work or intellectual property created by the contractor during the engagement belongs to the hiring company. — Non-disclosure and confidentiality: Enforcing confidentiality and non-disclosure provisions to protect the employer's proprietary information. — Indemnification: Outlining the responsibilities of the contractor to indemnify the employer against any claims arising from the work performed. — Termination and payment terms: Establishing conditions for termination, payment, and any additional expenses incurred during the engagement. In conclusion, a Wisconsin Work Made for Hire Agreement is a crucial legal document that defines the ownership and rights associated with work produced by employees or independent contractors. By clearly outlining the terms and conditions, this agreement ensures that intellectual property rights are properly assigned, protecting both the employer and the worker.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.