What is a work-for-hire agreement, and what are its legal requirements?
A work-for-hire agreement is an agreement between two parties that establishes when a work of authorship is created, who will own that work, and how payments and royalties will be divided. Under this agreement, the hiring party, or the employer, is considered the “author” of the work. This means they have exclusive rights to the work, including rights to modify, distribute, and make derivative works from it. This agreement is particularly useful in the Entertainment industry, as it helps prevent disputes over authorship and ownership of creative works. Under the work-for-hire agreement, both parties must agree to the terms before any work begins. The employer must provide the artist they hired with an express written agreement that includes the scope of the work, the payment schedule, and clear definitions of ownership and copyright. The agreement should also include language that the artist will not receive any additional payment or rights if the work is sold or used in a different format in the future. Finally, the agreement should include a release of any claims when the project is complete. In New Hampshire, work-for-hire agreements are regulated by the state’s copyright laws. This means that the agreement must be in writing and accepted by both parties. Additionally, the agreement must explicitly state that the work is being made under a work-for-hire agreement and explain the division of ownership and profits. To ensure everything is legal, employers should consult a lawyer or attorney who specializes in Entertainment Law in New Hampshire.
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