A work for hire agreement, is a contract between a freelancer or service provider and the person or company hiring them. This is different from a freelance agreement because a work for hire agreement is where a freelancer gives up the rights to the work they create, where a freelance agreement is a broad term that covers a contract between a freelancer and a client.
In some cases, workers provide products to clients and relinquish ownership of after completing their job. In other cases, the freelancer may grant a client a license to use their product.
For example, a wedding photographer may give up the copyright to photographs after sending them to the couple who paid for them. Likewise, a videographer may shoot a commercial for a company, then give up ownership of the footage after the job is complete.
It is not uncommon for an artist to sign a work-for-hire agreement when hired as a 1099 independent contractor in the music or the film industry.
Any work they produce for their employer in exchange for payment loses its copyright. However, the employer retains the right to reproduce, modify, duplicate, and distribute the work as they wish.
Here is an article that explains the principles of a work for hire agreement for independent contractors.
Anyone who wants to hire someone for a temporary period should use a work for hire agreement to lay out the scope of the work and important details, such as payment and contingencies.
A hiring agreement can help protect the confidentiality and proprietary rights to a business’s assets legally. A company or business owner may also issue a retainer agreement when hiring contractors.
Here is an article that gives more information about when to use a work for hire agreement.
Meet some lawyers on our platformA work for hire agreement varies significantly by job, industry, and professional. Likewise, the terms, conditions, and layout of the contract to hire will differ greatly.
In some states, there is required language you must include making your document legally binding. This language is a technicality that you may not know. Still, a lawyer can help draft a sound document that meets your state’s regulations.
First and foremost, the work for hire agreement should express basic items such as:
A hiring party must avoid referring to a freelancer as an employee at all costs. Employees are entitled to benefits and rights from a company that a contractor isn’t.
Most importantly, however, is the statement of ownership. This clearly states that any work produced for you by the artist or service provider does not belong to them. Instead, you are the sole owner of all assets they produce, and you can use them however you see fit.
This is especially important for businesses that intend to use assets they’ve paid for on commercial products. The work for hire agreement may waive the creator’s rights to any profits from future sales that incorporate assets they made. The profit-sharing terms should be clearly outlined in the agreement. If there is no profit-sharing, that should be stated as well.
Your contract should also include:
You may also choose to incorporate requirements for the freelancer, such as sworn confidentiality through a non-disclosure and confidentiality agreement.
Here is an article explaining more of what you should include in a work for hire agreement.
Image via Pexels by RODNAE Productions
A work for hire agreement can benefit workers and employers alike.
In the case of an independent contractor agreement or IC agreement, the hiring party can establish clear, measurable boundaries and duties for the contractor and the scope of their work. This ensures no misunderstanding about a contractor’s role in the company.
A job agreement between a service provider and client ensures that the client does not also continue to modify the scope of a project without adjusting pay accordingly. This is specific to the freelancer and client’s agreement so be sure to read the contract carefully.
Ultimately, freelancers are their own business, and they can use a work for hire agreement to ensure payment and prevent client exploitation.
It’s also important to note that every project and company has specific needs to address before beginning a professional relationship with a contractor.
Suppose your business requires specialized products or services, or you wish to acquire ownership of something a freelancer produces for you. In that case, you need a hire agreement to ensure there is no liability down the line.
Ultimately, a work for hire agreement establishes mutual understanding and clarifies the nature and scope of the work to be performed.
Here is an article that expresses the legality of work for hire in the United States and its purpose in copyright law.
The nature of work for hire varies significantly by industry. This includes work produced behind-the-scenes for commercial use, such as music, graphic design, art, and written copy.
A work for hire agreement may be between just two parties or between a contractor and corporation. However, the fundamental purpose of protecting both parties’ rights and establishing ownership of produced assets remains the same.
These two examples can illustrate real-world uses of a work for hire agreement.
A small business owner contacts a musician they found online. They want the artist to produce an original instrumental track they can use in their advertising. This will become their trademark jingle.
They provide the musician with a work for hire contract stating what they want him to produce, timeframes for project turnarounds, and the total compensation.
They also make sure to express that the jingle he produces becomes the sole intellectual property of the business, including any future modified versions and reproductions.
A company hires a photographer online to stage, shoot, and edit images of its upcoming product line. These images will be published in print catalogs, promotional ads, and on the company’s e-commerce store.
The company issues the photographer a statement of work through a hire agreement that outlines the nature of the shoot and requires them to maintain confidentiality about the products they see before they are released to the public.
Here is an article for more information on creative work and work for hire agreements.
There are many free templates online that you can use to hire a freelancer. However, as work for hire falls under U.S. copyright law, you may wish to consult with an attorney for a work for hire agreement to ensure that your document is legally valid and binding.
If you are an independent contractor preparing to work for a business, you may also look into issuing them a retainer agreement. This agreement ensures you are paid in advance for your services each month, and the agreement gives the company peace of mind that you will be available to perform your work.
Here is an article you can use to learn more about a retainer agreement.
As with any legal document, contingencies may be incorporated to give either signer the ability to get out of a work for hire agreement under certain circumstances. For example, it is not uncommon to include a statement that either party can terminate the agreement without any prior notification at any given time.
In this case, however, it is important to clarify how payment and intellectual property issues will be handled. A lawyer can help establish clear guidelines, boundaries, and consequences for violating an agreement or failing to deliver work or payment.
Here is an article that looks at what a work for hire contract can cover.
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Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.
Erdal Turnacioglu of Erdal Employment Law focuses on providing employment solutions to both employees and businesses, whether through litigation, review of employee handbooks, workplace investigations, or training seminars.
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Robert is a sixth-generation Tennessean and part of a long line of Tennessee attorneys: There has been a Marks attorney in Tennessee since 1856. In 1929, Robert’s great-grandfather established an event venue, Shadowbrook, which Robert has worked at his entire life, including managing for 10 years. He knows what business owners are dealing with—especially venue owners—because he has dealt with it. While Robert loves the hospitality industry, he pursued his passion. In 2016, Robert decided to attend law school and continue managing the business. He thrived. He was a founding member of the Nashville School of Law's Legal Aid Society, received the Tennessee Supreme Court’s Law Student for Justice award, and interned with the Tennessee Supreme Court's Access to Justice Commission. Before co-founding Mercury Legal Group, Robert focused on estate planning in solo practice. In this role, he helped clients protect what they had spent a lifetime building. Now he helps his clients build their businesses by providing tailored legal services.
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Lindsey has always been deeply invested in the power of knowledge; she was born and raised in Columbus, Ohio before making her way to Miami University for a dual Bachelor's degree. Afterward, Lindsey completed a Juris Doctor at Stetson University with an International Law concentration before earning a Health & Hospital law Certificate from Seton Hall School of Law. After graduating law school, Lindsey began her career as an associate at a Florida-based insurance litigation firm. She eventually transitioned to become a multi-year Rising Star in Employment Law by Super Lawyers as a labor and employment lawyer with Scott Wagner and Associates, supporting clients in Florida, California & Ohio with employment law matters. Her expertise covers counseling on workplace policies/handbooks; investigations into EEO discrimination/retaliation claims; wage disputes & wrongful terminations - equipping employees across multiple states for success in the ever-changing modern workforce landscape. Leveraging extensive knowledge of state/federal regulations gained from handling dozens of cases over many years, Lindsey has established herself as a leader in the field. Lindsey is a seasoned litigator, well-versed in the complexities of employer and employee disputes. She has represented clients on both sides during numerous mediations and provides an informed perspective when advocating for her clients' interests. She sharpened her dispute resolution skills by completing Harvard Law School's Negotiation Mediation course as part of their Executive Education Program as well as a Florida Circuit Civil Certified Mediator - making her qualified to mediate Circuit Civil cases in Florida as well as California and Ohio. Her breadth of knowledge provides valuable insight into the complexities each side faces while navigating their way through conflict mediation situations. With her varied expertise in the world of entertainment industry employment law, Lindsey has become a go-to source for Hollywood professionals, studios, and companies looking to make sure their legal considerations and entertainment contract law knowledge is up to date. From contract negotiations and employment advice to her outstanding knowledge of current regulations, she provides clients with everything they need for success both now and into the future. Lindsey dedicates her time and expertise to advancing the legal community. She proudly serves on the Executive Council for Florida Bar Association Labor and Employment Section, as well as with American Bar's Membership Outreach Committee in a leadership role. Lindsey is also an respected LA Magazine Editorial Board Member while Co-Chairing both LACBA CLE Event Dinner Committees - focusing on labor and employment law developments. Lindsey is passionate about providing accessible legal services to those in need. She serves on the Pro Bono Mediation Panel for the U.S Central District Court of California, volunteers as a mediator with California Lawyers for Arts and acts as Settlement Officer with Los Angeles Superior Court's ResolveLA program - all while donating her time towards resolving disputes through pro bono mediation at Equal Employment Opportunities Commission (EEOC). Lindsey is a globetrotter, an outdoor enthusiast, and dedicated sports fan all rolled into one. While splitting time between California, Florida and Ohio she has the best of three world - from hiking trails to family gatherings there's always something interesting on her horizon! Plus with photography as a hobby Lindsey enjoys capturing life’s precious moments so they can be treasured for years to come.
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