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Work Made For Hire Agreement
"I need a Work Made For Hire Agreement for a software development project where our company will hire a freelance developer to create a mobile app, with the project starting March 1, 2025, and including provisions for source code ownership and maintenance support for 6 months after completion."
1. Parties: Identifies and defines the parties to the agreement - typically the hiring party (client/employer) and the creator (contractor/employee)
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Work: Detailed description of the work to be created, including specifications, requirements, and deliverables
5. Work Made for Hire Relationship: Establishes that the work is being created as 'work made for hire' and specifies the nature of the working relationship
6. Ownership and Assignment: Clearly states that the hiring party owns all rights to the work and includes any necessary assignment provisions
7. Payment Terms: Details the compensation, payment schedule, and any conditions for payment
8. Delivery and Acceptance: Specifies the delivery schedule, acceptance criteria, and revision process
9. Warranties and Representations: Creator's warranties regarding originality, non-infringement, and capacity to enter into the agreement
10. Confidentiality: Provisions protecting confidential information shared during the project
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
12. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement clause
1. Non-Compete: Restrictions on creator's ability to work for competitors - include when protecting market position is crucial
2. Non-Solicitation: Prevents creator from soliciting client's employees or customers - include for sensitive business relationships
3. Insurance: Requirements for professional indemnity or other insurance - include for high-value or high-risk projects
4. Moral Rights: Waiver or assertion of moral rights - include when dealing with creative works where attribution is important
5. Data Protection: Specific GDPR compliance provisions - include when personal data processing is involved
6. Source Code Escrow: Provisions for source code protection - include for software development projects
7. Training and Support: Post-delivery support obligations - include when ongoing maintenance is needed
8. Publicity Rights: Rights to use the work for portfolio or publicity - include for creative industry projects
1. Schedule 1 - Work Specification: Detailed technical or creative specifications for the work to be created
2. Schedule 2 - Deliverables and Milestones: Specific list of deliverables and project timeline
3. Schedule 3 - Payment Schedule: Detailed breakdown of payments, including milestones and amounts
4. Schedule 4 - Acceptance Criteria: Specific criteria for accepting or rejecting delivered work
5. Appendix A - Background IP: List of any pre-existing intellectual property to be used in the work
6. Appendix B - Third Party Materials: List of any third-party materials to be incorporated into the work
Authors
Technology
Software Development
Creative Industries
Media and Entertainment
Publishing
Advertising
Marketing
Design
Professional Services
Research and Development
Engineering
Architecture
Content Creation
Digital Media
Gaming Industry
Biotechnology
Consulting
Legal
Human Resources
Procurement
Project Management
Creative Services
Software Development
Content Creation
Operations
Intellectual Property
Research and Development
Business Development
Talent Acquisition
Legal Counsel
Contract Manager
HR Director
Project Manager
Creative Director
Software Development Manager
Content Manager
Procurement Manager
Intellectual Property Manager
Operations Director
Chief Technology Officer
Chief Creative Officer
Freelance Coordinator
Talent Acquisition Manager
Business Development Manager
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