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Work Made For Hire Agreement

Work Made For Hire Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Work Made For Hire Agreement

"I need a Work Made For Hire Agreement for hiring a software development agency in Hong Kong to create a mobile app, with specific provisions for source code ownership and data protection, starting March 2025."

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Document background
The Work Made For Hire Agreement is essential for businesses and individuals in Hong Kong who commission creative, technical, or professional works from external parties. This document is particularly crucial in situations where intellectual property rights need to be clearly established and transferred to the hiring party. The agreement ensures compliance with Hong Kong's legal framework, including the Copyright Ordinance (Cap. 528) and Employment Ordinance (Cap. 57), while protecting the hiring party's interests in commissioned works. It typically includes detailed provisions about work scope, delivery timelines, payment terms, IP rights transfer, confidentiality obligations, and quality standards. This type of agreement is commonly used for software development, creative content creation, consulting deliverables, and other intellectual property-generating activities.
Suggested Sections

1. Parties: Identifies and defines the contracting parties - the hiring party (company/individual) and the creator/contractor

2. Background: Explains the context of the agreement and the parties' intentions to enter into a work-for-hire arrangement

3. Definitions: Defines key terms used throughout the agreement including 'Work', 'Intellectual Property Rights', 'Deliverables', etc.

4. Scope of Work: Details the services to be provided and works to be created, including specifications and requirements

5. Work Made for Hire: Explicitly states that all works created are 'works made for hire' and assigns ownership to the hiring party

6. Payment Terms: Specifies compensation, payment schedule, expenses, and invoicing procedures

7. Intellectual Property Rights: Covers ownership, transfer, and assignment of all IP rights in the created works

8. Representations and Warranties: Creator's warranties regarding originality, non-infringement, and capacity to enter agreement

9. Confidentiality: Obligations regarding confidential information and trade secrets

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

11. General Provisions: Standard clauses including governing law, notices, entire agreement, amendments, etc.

Optional Sections

1. Non-Competition: Restricts creator from competing with hiring party - include when working with contractors who may access sensitive business information

2. Moral Rights Waiver: Creator's waiver of moral rights - important for creative works where attribution rights might be relevant

3. Insurance: Requirements for professional liability insurance - include when work involves significant risks or high-value projects

4. Data Protection: Obligations regarding personal data handling - include when work involves processing personal data

5. Source Code Escrow: Provisions for source code storage and access - include for software development projects

6. Background IP: Provisions regarding pre-existing IP brought to the project - include when creator will use existing works or tools

Suggested Schedules

1. Schedule 1 - Scope of Work: Detailed description of services, deliverables, and specifications

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

3. Schedule 3 - Deliverable Acceptance Criteria: Specific criteria for accepting completed work

4. Appendix A - IP Assignment Form: Form for formally documenting IP assignment to hiring party

5. Appendix B - Confidential Information: List of specific confidential information and materials covered

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions
























Clauses





























Relevant Industries

Technology

Media & Entertainment

Advertising

Software Development

Creative Services

Professional Services

Publishing

Gaming

Digital Marketing

Consulting

Research & Development

Engineering

Architecture

Industrial Design

Relevant Teams

Legal

Human Resources

Procurement

Project Management Office

Product Development

Research & Development

Creative Services

Software Development

Design

Content Creation

Operations

Innovation

Relevant Roles

Legal Counsel

Contract Manager

Project Manager

Creative Director

Chief Technology Officer

Head of Product

HR Director

Procurement Manager

Innovation Manager

Development Manager

Design Manager

Content Manager

Operations Director

Intellectual Property Manager

Industries







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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