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Work Made For Hire Agreement Template for England and Wales

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Key Requirements PROMPT example:

Work Made For Hire Agreement

"I need a Work Made For Hire Agreement for hiring a freelance software developer to create a mobile app for my startup, ensuring all code and related intellectual property will belong to my company, with work to commence in March 2025."

Document background
The Work Made For Hire Agreement is essential when businesses need to commission creative or intellectual work while ensuring they retain full ownership rights. This document, governed by English and Welsh law, clearly defines the scope of work, payment terms, and transfer of intellectual property rights from the creator to the hiring party. It's particularly crucial for projects involving software development, creative content, or other intellectual property where clear ownership rights are essential. The agreement addresses key aspects of UK intellectual property law, including moral rights and the specific requirements for assignment of copyright.
Suggested Sections

1. Parties: Identification and details of contracting parties (Commissioner and Creator)

2. Background: Context and purpose of the agreement, including the nature of works to be created

3. Definitions: Key terms used throughout the agreement including 'Works', 'Intellectual Property Rights', 'Deliverables'

4. Scope of Work: Detailed description of works to be created, including specifications and requirements

5. Ownership of Rights: Assignment of intellectual property rights, including copyright and related rights

6. Payment Terms: Compensation, payment schedule, and invoicing arrangements

7. Warranties and Representations: Guarantees regarding originality, non-infringement, and capacity to contract

8. Term and Termination: Duration of agreement and circumstances for termination

9. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Moral Rights: Waiver or assertion of moral rights, used when work involves creative content like artwork or literature

2. Confidentiality: Non-disclosure provisions, used when sensitive information will be shared during project execution

3. Non-Compete: Restrictions on competing work, used for sensitive or specialized projects

4. Insurance: Required insurance coverage, used for high-value or high-risk works

5. Revisions and Acceptance: Process for reviewing, revising, and accepting deliverables, used for complex creative works

Suggested Schedules

1. Schedule of Works: Detailed specification of deliverables, milestones, and timelines

2. Payment Schedule: Detailed breakdown of payment terms, installments, and payment milestones

3. Technical Requirements: Specific technical specifications and requirements for the work

4. Previous Works: List of pre-existing works that may be incorporated into the final deliverables

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























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Relevant Industries
Relevant Teams
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Industries

Copyright, Designs and Patents Act 1988: Primary legislation governing copyright ownership, authorship definitions, and commissioned works. Key sections include 11 and 215 (copyright ownership), 9 (authorship definition), and 178-179 (commissioned works)

Employment Rights Act 1996: Defines employment status and rights, crucial for distinguishing between employees and contractors in work-for-hire arrangements

Intellectual Property Regulations 2021: Recent updates to UK intellectual property law following Brexit, specifically addressing works made for hire and other amendments

Equality Act 2010: Ensures non-discriminatory terms are included in the agreement and compliance with equality legislation

Data Protection Act 2018 and UK GDPR: Governs the processing and handling of personal data that may be involved in the work-for-hire relationship

Contracts (Rights of Third Parties) Act 1999: Addresses how third-party rights are handled in contractual agreements under English law

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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