Oregon Development Work-for-Hire Agreement

State:
Multi-State
Control #:
US-TC0607
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

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.

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FAQ

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.

Once a work is considered one made for hire, the authorship and copyright ownership belong to the employer or the person or entity who commissioned the work of the independent contractor.

The law basically states that any person under contract creating any work that both contractor and employer agree to is automatically considered work for hire. Work for hire in California may cause a typical contractor-employer relationship to become employee-employer at the loss of the client.

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)

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.

Copyrights are generally owned by the people who create the works of expression, with some important exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright.

For there to be an employment relationship, there must be a ?contract of service or apprenticeship? and not a ?contract for services?. ingly, any work created by an employee will generally be owned by the employer. However, copyright ownership has its limits.

Under the law, the general rule is that the copyright in and to the work product of an individual employee or independent contractor is owned by that individual unless an exception applies.

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Oregon Development Work-for-Hire Agreement