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Re: Work for Hire Agreement Contract (link inside)
Brian This is a well worded agreement and will be very beneficial to those of us in need of a document like this. Thank you for the post, and the use of your experience and knowledge!
Rod
Re: Work for Hire Agreement Contract (link inside)
this isn't going to format correctly, but here's the text...
WORK-FOR-HIRE AGREEMENT
This is an agreement between_____________________________________(herea fter referred
to as “Contractor”), and A Perfect Pixel, LLC.
This Agreement covers the preparation and submission of ideas and materials for ____________
_________________________________________________, for a total fee of $________ upon
satisfactory completion.
This work is considered work-for-hire under the copyright law taking effect January 1, 1978. All
concepts, ideas, copy, sketches, artwork, electronic files and other materials related to it will
become the property of A Perfect Pixel, LLC.
A Perfect Pixel, LLC may use any and all materials generated as it sees fit without any additional
compensation; however, A Perfect Pixel, LLC is not under any obligation to use such materials.
To the extent that any of the materials may not, by operation of law, be a work made for hire in
accordance with the terms of this Agreement, Contractor hereby assigns to A Perfect Pixel, LLC
all right, title and interest in and to any copyright, and A Perfect Pixel, LLC shall have the right to
obtain and hold in its own name any copyrights, registrations and other proprietary rights which
may be available.
Contractor represents and warrants to A Perfect Pixel, LLC that to the best of his/her knowledge
the concepts, ideas, copy sketches, artwork, electronic files and other materials produced do not
infringe on any copyright or personal or proprietorial rights of others, and that he/she has the
unencumbered right to enter into this Agreement.
Contractor will indemnify A Perfect Pixel, LLC from any damage or loss, including attorney’s
fees, rising out of any breach of this warranty.
Any proprietary information, trade secrets and working relationships between Contractor and
A Perfect Pixel, LLC and its clients must be considered strictly confidential, and may not be
disclosed to any third party, either directly or indirectly.
Please indicate acceptance of the terms set forth above by counter-signing a copy of this
Agreement. It is necessary for us to have a copy signed by you before we can authorize you to
proceed on this project.
___________________________________ ___________________________________
A Perfect Pixel, LLC Signature Contractor Signature
_____________
Date
Re: Work for Hire Agreement Contract (link inside)
well done. however, contracts like these have little legal power with wealthy employers. in a nutshell, if a dispute arose, the party with more money will get the better lawyer and win the case. usually, the employer has more money, and will hire the better lawyer, and ultimately win the case. the hired gun usually doesn't have the resources to put up a proper fight.
over the years, i've realized that the time i put into negotiating contracts could have been put to better use, such as starting the project. even if i spent hours and hours negotiating the fine parts of the contract, i knew that if any dispute came up, i would lose the case, and my time would have been wasted. besides, a project worth a few thousand dollars isn't even worth the trouble of hiring lawyers and disputing the case. the expenses to conduct a dispute would be more than what the project is worth. as a hired gun, i run the risk of being ripped off, and so there's a huge element of trust. intuition is everything: if a project smells fishy, i won't even bid for it.