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Work For Hire Agreement – Video Content

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Work For Hire Agreement – Video Content Powered By Docstoc
					Work For Hire Agreement –
Video Content
This agreement is between an independent contractor and a company that wants to use
the contractor’s services to provide or create video content. It is vital to get these
agreements to ensure that the understandings of both parties are properly set forth.
Customize the information of the parties, the compensation amount, the video content to
be produced, and more. This agreement can be used by individuals or small businesses
that want to provide or receive video content.
               WORK FOR HIRE AGREEMENT – VIDEO CONTENT

THIS WORK FOR HIRE AGREEMENT – VIDEO CONTENT (hereinafter referred to as
the “Agreement”) is made and entered into as of __________________, [Instructions: Insert
the date of this agreement] by and between ________________________ [Instructions: Insert
the Employer’s name] (hereinafter referred to as the “Employer”), of
_________________________________ [Instructions: Insert the Employer’s address] and
________________________ [Instructions: Insert the Contractor’s name] (hereinafter
referred to as the “Contractor”), of _________________________________. [Instructions:
Insert the Contractor’s address]

WHEREAS, Employer desires to engage Contractor to produce certain video content, as
described in Exhibit “A” attached hereto and incorporated herein (the “Video”); and, subject to
the terms and conditions hereof, Contractor desires to accept such engagement.

NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth, the parties agree as follows:

1.       OWNERSHIP

Contractor certifies and agrees that: (i) the Video will be created in the regular course of
Contractor's employment by Employer and that the Video has been specifically ordered or
commissioned by Employer, (ii) the Video, and all other results and proceeds of Contractor's
services in connection with the Video are, and shall from inception be deemed works "made-for-
hire" for Employer within the meaning of U.S. Copyright law and for the purpose of all other
copyright laws throughout the world, and as such shall be Employer's sole and exclusive
property, in perpetuity and throughout the Universe, and shall be free from any claims
whatsoever by Contractor or any individual or entity deriving any rights or interests from
Contractor; and (iii) in the event the Video, or any of the other results and proceeds (or any
portion thereof) of the services described in sub-clause (i) and (ii), above, shall not be deemed a
work "made-for-hire," and/or to the extent that Employer is not deemed to be the author thereof
in any territory of the Universe, Contractor hereby irrevocably transfers, assigns and grants to
Employer the entirety of copyright in and to the Video, and all other rights in and to the Video
(including ownership of the original Video), and the results and proceeds of Contractor's services
in connection with all thereof, throughout the Universe in perpetuity. Contractor hereby waives
any so-called "droit morale" with respect to such material. In no event shall the period of rights
granted to Employer hereunder in respect of the Video be less than the period of copyright, and
any renewals and extensions thereof. Without limiting the generality of the foregoing,
Contractor further acknowledges, certifies and agrees that Employer shall have the right to
exploit the Video in any and all media and via any and all methods, now known or hereafter
devised, throughout the Universe, in perpetuity, as Employer determines in its sole discretion.
Contractor will, upon request, execute, acknowledge and deliver to Employer's assignees or
designees (as appropriate) such additional documents as Employer may deem necessary to
evidence and effectuate Employer's rights hereunder, and Contractor hereby grants to Employer
the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright




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Office or elsewhere any and all such documents if Contractor shall fail to execute the same
within five (5) business days after so requested by Employer.

2.       DELIVERY

On or before ___________ [Instruction: Insert Date], Contractor shall submit a draft of the
Video to Employer. Within ___________ (___) [Instruction: Insert Amount] days following
Employer’s receipt of Contractor’s draft (the “Revision Request Period”), Employer shall
provide written notice of: (a) any required revisions to the draft; or (b) Employer’s acceptance of
the Video. In the event Employer fails to request revisions during the Revision Request Period,
the Video shall be deemed accepted. Should revisions be required, Contractor shall complete all
such revisions within ___________ (___) [Instruction: Insert Amount] days following receipt
of Employer’s notice. Each subsequent draft submission by Contractor shall be subject to the
foregoing procedure.

3.       COMPENSATION

In consideration of Contractor’s full and faithful performance of all of Contractor's obligations
hereunder, within ___________ (___) [Instruction: Insert Amount] days following Employer’s
acceptance of the video, Employer shall pay to Contractor ___________ Dollars ($____)
[Instruction: Insert Amount], which shall constitute payment in full to Contractor, and to all
persons or entities deriving or claiming rights through Contractor.

4.       REPRESENTATIONS; WARRANTIES; INDEMNIFICATION

Contractor represents and warrants that the Video and all other results and proceeds of
Contractor’s services in connection with the Video are new and original, and neither the Video,
nor any use or exploitation thereof by Employer, shall violate any law or infringe upon the rights
of any person or entity. Contractor shall defend, indemnify and hold Employer and its
successors, licensees and assigns, harmless from any and against all damages, losses and costs
(including, but not limited to, reasonable attorneys' fees and court costs) in any manner
connected with any claim, demand or action arising out of or occasioned by any breach or
alleged breach of, or any claim, demand or action inconsistent with, the foregoing representation
and warranty.

5.       MISCELLANEOUS

       a.      All notices and/or requests for approvals ("notices") that either party hereto is
required or may desire to give to the other party shall be given in writing by addressing the same
to the other party at the addresses set forth above, via email (to Contractor at
___________@___________.com [Instruction: Insert Contractor Email], to Employer at
___________@___________.com [Instruction: Insert Employer Email]) or at such other
address as may be designated in a notice to the other party. Notices shall be made by email,
personal delivery, courier, or by certified U.S. mail, return receipt requested, postage prepaid.
Notice shall be deemed given on the date of delivery to the other party.




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       b.     This Agreement constitutes the entire agreement between the parties hereto with
respect to the specific subject matter hereof and supersedes all prior agreements or
understandings of any kind with respect to the specific subject matter hereof.

       c.       In the event that any provision or part of this Agreement shall be deemed void or
invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and
remain in full force and effect.

       d.      Any and all additions, deletions, or modification to this Agreement must be in
writing and signed by the parties or it shall have no effect and shall be void.

        e.      This Agreement is binding upon and shall inure to the benefit of the respective
successors, licensees and/or assigns of the parties hereto. Notwithstanding the foregoing, neither
party may assign or transfer its rights or delegate its obligations under this Agreement without
the other party's prior written consent, which consent will not be unreasonably withheld.

       f.     This Agreement shall be governed in accordance with the laws of the State of
_________________ [Instructions: Insert State], applicable to agreements to be wholly
performed therein, without giving effect to its laws governing conflict of laws.

        g.     Contractor also acknowledges and agrees that: (i) Contractor has the right and has
been given the unrestricted opportunity to seek the advice and counsel of Contractor’s own
attorney in connection with this Agreement; (ii) if Contractor decides not to seek independent
legal counsel, such decision is made by Contractor voluntarily and without coercion by
Employer or anyone acting on behalf of Employer and shall not affect the binding nature of this
Agreement; and (iii) in executing this Agreement and accepting the terms hereof, Contractor is
not relying upon the advice or counsel of any employee, attorney, or agent of, or other person
otherwise connected with Employer.

IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.

EMPLOYER                                                         CONTRACTOR
__________ [Instructions: Insert Name]                           __________ [Instructions: Insert Name]



__________________________                                       __________________________
Authorized Signatory                                             Authorized Signatory




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                                                   EXHIBIT “A”

                                          VIDEO SPECIFICATIONS


1.       Subject Matter. __________ [Instructions: Insert Subject Matter Description]

2.       Timing. __:__ [Instructions: Insert Timing]

3.       Tone. __________ [Instructions: Insert Description of Tone of Video]

4.     __________ [Instructions: Insert Specification Title]. __________ [Instructions:
Insert Specification Description]

5.     __________ [Instructions: Insert Specification Title]. __________ [Instructions:
Insert Specification Description]




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DOCUMENT INFO
Description: This agreement is between an independent contractor and a company that wants to use the contractor’s services to provide or create video content. It is vital to get these agreements to ensure that the understandings of both parties are properly set forth. Customize the information of the parties, the compensation amount, the video content to be produced, and more. This agreement can be used by individuals or small businesses that want to provide or receive video content.