This is what I use for my customers. Hope this help!
Date:
Steven Lean
Work For Hire Agreement and Copyright Assignment
This Agreement entered into this (Date) by and between Steven Lean, Hereafter referred to as “Contractor” and ABC, Inc, hereafter referred to as “ABC”.
On January ____ 2006, ABC specially commissions Contractor to prepare pictorial drawing(s) which ABC plans to imprint onto apparel, each of which is more fully described in Exhibit “A”, attached hereto and incorporated by reference.
Contractor agrees that the specially commissioned Work(s) are "works made for hire," and that ABC, its successors, and/or assigns for whom each of the Works is being prepared, shall own all right, title and interest in and to each of the Works, including the entire copyright, trademark, and any and all other intellectual property rights in and to each of the Works.
Contractor further agrees that to the extent that this is not a work made for hire or to the extent deemed reasonably necessary by ABC, Contractor will assign to ABC, its successors and/or assigns, the exclusive worldwide ownership of all right, title, interest and ownership retained in and to each of the Works in any format now known or hereafter created, including the exclusive worldwide ownership of the entire copyright and any trademark in and to each of the Works in any format, and the right to procure the copyright thereon and the right to secure any renewals, reissues, and extensions of any such copyright in the United States and any foreign country. Whenever required, Contractor agrees to execute any and all papers necessary for ABC, its successors or assigns, to perfect its sole ownership of the entire copyright in each of the Works, including an Assignment of Copyright in the form of Exhibit “B”, which is attached hereto and incorporated by reference. It is the purpose of this Assignment and the intention of Contractor to transfer unto ABC, its successors or assigns, all rights, sold, granted, conveyed and assigned under this Assignment.
Contractor shall retain only the right to display the Works in his portfolio for self promotion. Contractor acknowledges that ABC presently intends to publish, reproduce, display, and distribute each of the Works, in whole or in part, onto apparel, various household items, stickers, etc... throughout the United States and the world. Contractor also acknowledges that ABC plans to incorporate and that any and all of the obligations contained in this agreement shall be transferable to any corporation formed by ABC, or one of its principals.
Contractor represents and warrants that each of the Works he creates or prepares for ABC Will be original, will not infringe upon the rights of any third party, and will not have been Previously assigned, licensed or otherwise encumbered.
Upon satisfactory completion and as compensation for Contractor’s services and agreement to execute the attached Copyright Assignment (attached hereto as Exhibit “B” and incorporated herein by reference) for each of the Works, ABC agrees to pay Contractor ______ Dollars ($XXX.00).
If you agree with these terms, please sign and return the signed original letter agreement and keep a copy for your records.
Sincerely,
___________________________
ABC, Inc.
President / Art Director
I AGREE WITH AND UNDERSTAND ALL OF THE ABOVE TERMS OF THE WORK FOR HIRE LETTER AGREEMENT. I FURTHER AGREE TO EXECUTE A
COPYRIGHT ASSIGNMENT IN THE FORM OF EXHIBIT “B” WHEN THE WORK IS COMPLETE.
Date: ______________ Artist Signature: ________________________________
Steven Lean
Exhibit “A”
"Pictures..."
Exhibit “B”
ASSIGNMENT OF COPYRIGHT
This Assignment of Copyright (the “Assignment”) is made and entered into on _____________, 2006 by and between Steven Lean (“Author”) and ABC, Inc (“Assignee”), collectively referred to as the “Parties”.
Whereas, Author is the sole creator of that certain color drawing to be imprinted on clothing which Depicts______________________________________________________________________ Which was created on_______________, 2006, and is entitled, “Designs' names” (“The Work”); Whereas, Author wishes to assign any and all of his rights and interest in and to the Work to Assignee; Now, Therefore, for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Assignment. Author does hereby transfer, sell, grant, covey and assign unto Assignee, its successors, assigns and licensees forever, all of Author’s right, title and interest in the Work. Author does hereby transfer to Assignee all of Author’s copyright, trademarks, and service marks in the Work. Author transfers to Assignee all rights to secure initial registration of the Work, and any renewals, reissues, and extensions of the copyright. Author grants Assignee the right to adapt, modify, edit and alter the Work in any manner Assignee desires. Author further grants Assignee the right to register the copyright in the Work in Assignee's own name and grants Assignee the exclusive right to dispose of the copyright in any way Assignee sees fit.
2. Author’s Representations. Author represents and warrants that he is the sole owner and creator of the Work, that he has all rights, title, and interest in and to the Work other than to the underlying insignia which is in the public domain, and that he has the power to enter into this Assignment. Author further represents and warrants that the rights transferred in this Assignment are free of liens, encumbrances, licenses or claims or any nature and that he has made no agreement with respect to the Work that is in conflict with this Assignment.
3. Continuing Obligation. Author agrees to reasonably assist Assignee as required to perfect this assignment and Assignee’s copyright in and to the Work, including the execution and delivery of any and all documents that Assignee may think necessary to secure the copyright, or any renewal or extension of the copyright.
4. Binding. The covenants and conditions contained in this Assignment shall apply to and bind the Parties and their heirs, legal representatives, successors, and permitted assigns.
5. Partial Invalidity. If any term, provision, or application of this Assignment is held invalid or unenforceable, the remainder of this Assignment, and any application of its terms and provisions will not be affected by that invalidity, but will remain valid and enforceable.
6. Governing Law. This Assignment shall be governed and construed in accordance with the laws of the United States of America.
It Witness Where of, the Parties have caused this Assignment to be executed as of the day and year Written above.
AUTHOR / ASSIGNOR:
___________________________
Steven Lean
Date: _______________
ASSIGNEE: ABC, Inc.
________________________________
President / Art Director
Date: ________________
