Form used to commission an author to write an article on a subject for use separately and in conjunction with a publication subject to terms and conditions of the publisher and acknowledgment by the author that the article shall be a "work made for hire" within the meaning of the United States copyright laws.
A Work Made for Hire (WMF) author contract is an important legal document that outlines the terms and conditions between an author and an employer/client in Hawaii. This contract governs the ownership and rights-related aspects of creative work produced by the author, ensuring that both parties are protected and their interests are clearly defined. A Hawaii WMF author contract typically includes several key elements, such as: 1. Definition of Work Made for Hire: The contract should clearly define what constitutes a work made for hire under Hawaii law. In the case of an author, this usually refers to any creative or literary work, including books, articles, poems, screenplays, or any other original written content. 2. Ownership and Copyrights: The contract should specify that the work produced by the author is considered a work made for hire, meaning that the employer/client will be considered the legal owner of the resulting intellectual property. This grants the employer exclusive rights, including copyright ownership, to the work. 3. Scope and Deliverables: The contract should clearly define the scope of work and the deliverables that the author is expected to produce. This includes specifying the type, length, and subject of the work, as well as any deadlines or milestones that need to be completed. 4. Compensation and Payment Terms: The contract should outline the compensation structure for the author's work, including the agreed-upon payment amount or rates, payment schedule, and any additional terms related to expenses or royalties. 5. Confidentiality and Non-Disclosure: To protect the employer's proprietary information, the contract may include clauses related to confidentiality and non-disclosure. This ensures that the author will keep all sensitive information obtained during the project confidential and not disclose it to any third parties. 6. Termination and Dispute Resolution: The author contract should include provisions outlining the circumstances under which the agreement can be terminated, including any notice periods or breach of contract clauses. Additionally, it should also specify the preferred method of resolving any disputes that may arise, such as through mediation, arbitration, or court litigation. While there may not be specific types of WMF author contracts, they can vary depending on the nature and requirements of the project. For example, there might be a variation in contracts for authors working on books versus those creating content for websites, marketing materials, or scripts for film or television. However, the fundamental elements mentioned above form the core of any Hawaii WMF author contract.
