Work for hire agreements are an integral part of the entertainment industry, providing a legal roadmap for the creation, ownership, sale of creative works. They are a contractual arrangement where the hiring party commissions a creative work from an individual or entity, with the resulting work being considered the property of the hiring party. This type of agreement is typically used when a hiring party wishes to retain full ownership and control over the work, without sharing copyright ownership or granting the creator certain rights.
What is the purpose of a work for hire agreement?
The primary purpose of a work for hire agreement is to establish a clear legal framework that governs the ownership, rights, and obligations related to a creative work. By defining the work as a “work made for hire,” the agreement ensures that the hiring party becomes the legal author and copyright owner, providing them with the ability to exploit and monetize the work without interference from the creator.
The Cornell Legal Institute states that “Copyright law defines works made for hire as (1) works prepared by an employee within the scope of his or her employment; or (2) a work specially commissioned for use as contribution to a collective work if the parties expressly agree in a written and signed agreement that the work shall be considered a work for hire.”
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