This development/work-for-hire agreement is used when the buyer contracts for the services of the developer. The buyer owns the work product and the developer retains no rights to work product, other than as needed to perform Services.
New Hampshire Development Work-for-Hire Agreement
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Multi-State
Control #:
US-TC0607
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Word;
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How to fill out Development Work-for-Hire Agreement?
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FAQ
If a copyrighted work is a work for hire, then the initial ownership vests in the employer, rather than the employee or contractor, and that individual enjoys none of the legal or beneficial attributes of authorship.
[17 USC § 101]?[A] work can only be considered a work for hire if it was created within an author's scope of employment or if it was a commissioned work created by an independent contractor in one of the nine specifically enumerated categories in the statute.? Aluko, at 121.
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.
Elements of a work-for-hire agreement Scope of the project?exactly what is to be done or produced. Due date of the project?negotiated with regard to both parties' schedules. Rights to be sold. Payment terms. Confidentiality terms (if any) Arbitration terms (if any) Severability?getting out of the agreement.
Elements of a work-for-hire agreement Due date of the project?negotiated with regard to both parties' schedules. Rights to be sold. Payment terms. Confidentiality terms (if any)
35. The nine categories of works in § 101(2) are: (1) a contribution to a collective work, (2) a part of a motion picture or other audiovisual work, (3) a translation, (4) a supplementary work, (5) a compilation, (6) an instructional text, (7) a test, (8) answer material for a test, or (9) an atlas.
First and foremost, the ?work for hire? doctrine applies only to a very narrow category of works, as defined in Section 101 of the U.S. Copyright Act (Title 17 of the U.S. Code). Moreover, it only applies to copyrightable works, and does not extend to works protected by trade secrets, patents, or trademarks.
In California, a "work made for hire" clause can turn an independent contractor into a statutory employee for workers' compensation and unemployment purposes. California Labor Code section 3351.5(c) and 621(d) and 686 of the California Unemployment Insurance Code say that if a contractor agreement contains a "work made ...