The New Hampshire Work Made for Hire Agreement is a legal contract that governs the ownership and control of intellectual property rights in a work created by an employee or an independent contractor. This agreement is significant in determining who possesses the rights to work, especially when it comes to copyrightable materials. In New Hampshire, there are primarily two types of Work Made for Hire Agreements: one for employees and another for independent contractors. Each type operates under different circumstances and has unique considerations. The New Hampshire Employee Work Made for Hire Agreement applies when an individual is hired as an employee and creates works as part of their job responsibilities. In this agreement, the employer typically retains full ownership of any copyrightable material created by the employee during their employment. This includes works such as written content, artwork, software code, inventions, or any other creations falling within the scope of their employment. On the other hand, the New Hampshire Independent Contractor Work Made for Hire Agreement is intended for individuals who are engaged in a specific project or assignment as independent contractors. Unlike employees, independent contractors are typically considered self-employed, and the ownership of the work is intricately tied to the agreement's terms. For a work to be deemed a "work made for hire," the agreement needs to explicitly specify that all rights, including copyright ownership, are being transferred to the hiring party. It is important to note that New Hampshire law places a greater burden on independent contractors to establish their creations as "works made for hire." Generally, independent contractors are presumed to be the sole owners of the copyright in their work unless an explicit and written agreement transfers the rights to the hiring party. In both types of agreements, the terms and conditions for compensation, confidentiality, non-disclosure, and any specific usage rights should be clearly defined. It is advisable for both parties to seek legal counsel when drafting or signing such agreements to ensure compliance with New Hampshire laws and protect their interests. In summary, the New Hampshire Work Made for Hire Agreement is a legal document that clarifies ownership and control of intellectual property rights in works created by employees or independent contractors. By having a well-drafted agreement in place, employers and contractors can avoid potential disputes and clearly establish their respective rights and obligations.
New Hampshire Work Made for Hire Agreement
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Work for hire covers the legal ownership of copyrighted material. Generally speaking, when one entity (usually a business) hires someone (like an employee) to create something, then the work created belongs to the hiring entity, not the person who actually created it.
A work for hire agreement is a written contract between an employer and an independent contractor (or contracted team or employee) to complete services in exchange for money. The agreement should outline the expectations and scope of the project.
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A work for hire, or work made for hire, refers to works whose ownership belongs to a third party rather than the creator. Under general copyright principals, a copyright becomes the property of the author who created the work.
Works made for hire are an exception to this rule. 1 For legal purposes, when a work is a work made for hire, the author is not the individual who actually created the work. Instead, the party that hired the individual is considered both the author and the copyright owner of the work.
In the U.S., work for hire shorthand for the term "a work made for hire" applies if the created piece is part of a person's job or made by an independent contractor. Instead of the creator keeping the copyrights, the copyright and publishing rights belong to their employer.
All employment agreements are legally binding on the employer and, therefore, employers are best served by having them drafted and reviewed by an experienced employment law attorney. Contract law is a particularly complex discipline that relies largely on common law, which is law as developed by judges and court cases.
1 For legal purposes, when a work is a work made for hire, the author is not the individual who actually created the work. Instead, the party that hired the individual is considered both the author and the copyright owner of the work.
Some Examples of Work for HireA patent created by a scientist or engineer who was commissioned to work on the invention by the company. Work by an employee or independent contractor on something that can be copyrighted, like a book, article, website content, or social media.
A work for hire, or work made for hire, refers to works whose ownership belongs to a third party rather than the creator. Under general copyright principals, a copyright becomes the property of the author who created the work.