A Pennsylvania Work Made for Hire Agreement is a legal document that outlines the terms and conditions of a work made for hire arrangement between an employer and an employee or an independent contractor who creates a work protected by copyright law. In this agreement, the employer is deemed as the author and owner of the work, while the employee or contractor is considered the creator. Such an agreement has several types, including: 1. Pennsylvania Employee Work Made for Hire Agreement: This type of agreement is entered into between an employer and an employee who is hired for the specific purpose of creating a work that falls under copyright protection. The employee agrees that all rights, titles, and interests to the work will be transferred to the employer upon creation. 2. Pennsylvania Independent Contractor Work Made for Hire Agreement: This agreement is used when an independent contractor is hired to produce a work that is subject to copyright protection. The agreement clearly states that the work created by the contractor is considered a work made for hire, and the employer will hold all ownership rights. 3. Pennsylvania Freelancer Work Made for Hire Agreement: This type of agreement is made between an employer and a freelancer who is engaged to create a copyrightable work. The agreement explicitly states that the freelancer's work will be considered a work made for hire and that the employer will retain all rights to the work upon completion. The Pennsylvania Work Made for Hire Agreement typically includes key provisions such as the scope and nature of the work to be created, the compensation structure, timeline for completion, confidentiality obligations, and dispute resolution mechanisms. It is crucial for both parties to carefully review and negotiate the terms of the agreement to ensure clarity, protection of rights, and compliance with applicable laws. In conclusion, the Pennsylvania Work Made for Hire Agreement serves as a vital legal tool to establish the employer's ownership rights over copyrighted works created by their employees or independent contractors. Understanding the various types of agreements available is essential for employers and employees or contractors alike to protect their rights and avoid potential disputes in the future.
Pennsylvania Work Made for Hire Agreement
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How to fill out Pennsylvania Work Made For Hire Agreement?
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FAQ
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.
If a work is made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless both parties involved have signed a written agreement to the contrary.
The term of copyright protection of a work made for hire is 95 years from the date of publication or 120 years from the date of creation, whichever expires first. (A work not made for hire is ordinarily protected by copyright for the life of the author plus 70 years.)
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.
Copyright law defines works made for hire as (1) works prepared by an employee within the scope of his or her employment; or (2) a work specially commission for use as contribution to a collective work, as part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation,
There are two situations in which a work made for hire is produced: (1) when the work is created by an employee as part of the employee's regular duties and (2) when a certain type of work is created as a result of an express written agreement between the creator and a party specially ordering or commissioning the work
In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of their job, or some limited types of works for which all parties agree in writing to the WFH designation.
If a work is made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless both parties involved have signed a written agreement to the contrary.