What is a work-for-hire agreement, and what are its legal requirements?

A work-for-hire agreement is an arrangement between a copyright holder, such as a publisher or company, and an author or artist in which the copyright owner assigns all rights to a particular work to the author or artist. This agreement is usually in the form of a contract and grants exclusive rights to the copyright holder, such as the right to publish, reproduce, distribute, and display the work. In most cases, the author or artist doesn’t retain any rights to the work and is not entitled to royalties from it. In order for a work-for-hire agreement to be valid in West Virginia, it must meet certain legal requirements. First, the agreement must be in writing and clearly state the rights being assigned and the work being commissioned. Second, it must identify the parties to the agreement and list the terms of payment, if any. Third, the creator must sign the agreement and agree to the terms of the agreement. Lastly, the agreeing parties must have the capacity to enter into an enforceable contract; this typically means they must be at least 18 years old and mentally capable of understanding the contract.

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