Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright. In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a work made for hire as: • a work prepared by an employee within the scope of his or her employment; or • a work specially ordered or commissioned for use as: • a contribution to a collective work; • a part of a motion picture or other audiovisual work; • a translation; • a supplementary work; • a compilation; • an instructional text; • a test; • answer material for a test; • an atlas; and • if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
Work Made for Hire Agreement Agreement made on the (date), between (Name of Owner) of (street address, city, state, zip code), referred to herein as Owner, and (Name of Designer), of (street address, city, state, zip code), referred to herein as Designer. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 1. Owner has specially commissioned Designer to create the materials described in Exhibit A attached to this Agreement (the Work). 2. Designer agrees and acknowledges that the Work is a work made for hire, as that term is defined in Section 101 of Title 17 of the United States Code (the Copyright Act). As a work made for hire, the Work is the sole property of Owner. Owner has the unlimited and unrestricted right to reproduce the Work, to distribute the Work, to create derivative materials based on the Work, to publicly display the Work, to publicly perform the Work, and to transmit the Work digitally or by any other means. 3. If all or part of the Work is, for any reason, deemed not to be a work made for hire, Designer agrees to execute all documents necessary to transfer to Owner the ownership of any and all rights Designer may have in the Work, including but not limited to copyrights. 4. To the extent that Designer has any moral rights or similar rights in the Work, under the law of any jurisdiction, Designer waives those rights. In particular, Designer waives any right to have the Work attributed to Designer or to prevent the Work from being modified, edited, transformed, or otherwise adapted as Owner may deem necessary. 5. Designer agrees to deliver the completed Work to Owner no later than (date). The Work will be delivered in the following format: (describe format). 6. Designer acknowledges that Designer acted as an independent contractor in creating the Work and that Designer is not an employee or agent of Owner. 7. As consideration for the Work, Owner will pay Designer $___________ payable as follows: (schedule of payments). 8. Except for material in the public domain or obtained with permission from its owner, Designer represents and warrants that each element of the Work is original material created by Designer. Designer further represents and warrants that the Work does not infringe the copyright, trademark, patent, moral rights, right of privacy, or right of publicity of any third party or contain any defamatory material. 9. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be i
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