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Work Made For Hire Contract

Work Made For Hire Contract Template for Malaysia

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Key Requirements PROMPT example:

Work Made For Hire Contract

"I need a Work Made For Hire Contract under Malaysian law for engaging a freelance software developer to create a custom e-commerce platform, with project completion scheduled for March 2025 and including specific provisions for source code ownership and technical documentation."

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Document background
The Work Made For Hire Contract is essential for businesses and organizations in Malaysia seeking to engage contractors, freelancers, or creative professionals while ensuring clear ownership of intellectual property. This document is particularly crucial in situations where original works, software, designs, or other creative/technical outputs are being created by an individual or entity for another party. The contract complies with Malaysian legislation, including the Employment Act 1955, Copyright Act 1987, and Contracts Act 1950, and includes provisions for work scope, compensation, IP rights transfer, confidentiality, and termination. It's commonly used in technology, creative industries, and consulting sectors where intellectual property creation is a key deliverable. The agreement protects both parties by clearly defining expectations, deliverables, and ownership rights while ensuring compliance with local laws and regulations.
Suggested Sections

1. Parties: Identifies and provides details of the employer and the creator/worker

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Work: Detailed description of the work to be created or services to be provided

5. Work Made for Hire: Explicitly establishes the work-for-hire relationship and ownership of intellectual property

6. Compensation: Details of payment terms, amounts, and schedule

7. Delivery and Acceptance: Timeline and process for submitting and accepting the work

8. Intellectual Property Rights: Comprehensive provisions regarding ownership and transfer of IP rights

9. Confidentiality: Obligations regarding confidential information

10. Warranties and Representations: Guarantees about the work and capabilities

11. Term and Termination: Duration of the agreement and termination provisions

12. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Non-Competition: Restrictions on competing activities - include when protecting business interests is crucial

2. Non-Solicitation: Restrictions on soliciting clients or employees - include for sensitive roles

3. Equipment and Resources: Details of any equipment or resources provided - include when employer provides tools

4. Moral Rights: Waiver or assertion of moral rights - include for creative works

5. Insurance: Insurance requirements - include for high-risk work or when required by law

6. Background IP: Treatment of pre-existing IP - include when creator uses existing works

7. Revisions and Modifications: Process for requesting and implementing changes - include for creative or technical works

Suggested Schedules

1. Schedule A - Scope of Work: Detailed specifications of the work to be created

2. Schedule B - Payment Schedule: Detailed breakdown of payment amounts, milestones, and terms

3. Schedule C - Delivery Schedule: Timeline for deliverables and milestones

4. Schedule D - Specifications: Technical or creative specifications for the work

5. Appendix 1 - Background IP: List of any pre-existing IP being used in the work

6. Appendix 2 - Required Tools and Resources: List of equipment, software, or resources to be used

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Creative Industries

Media and Entertainment

Software Development

Advertising

Publishing

Digital Marketing

Gaming

Consulting

Web Development

Graphic Design

Film and Video Production

Music Industry

Architecture

Industrial Design

Relevant Teams

Legal

Human Resources

Procurement

Project Management

Creative Services

Technical Operations

Information Technology

Operations

Contract Administration

Talent Acquisition

Intellectual Property

Business Development

Relevant Roles

Legal Counsel

HR Manager

Procurement Manager

Project Manager

Creative Director

Technical Director

Chief Technology Officer

Operations Manager

Contracts Manager

Talent Acquisition Specialist

IP Rights Manager

Business Development Manager

Freelance Coordinator

Resource Manager

Industries
Employment Act 1955: The primary legislation governing employment relationships in Malaysia, covering working hours, leave entitlements, minimum benefits, and basic terms of employment
Copyright Act 1987: Governs intellectual property rights and specifically addresses works created in the course of employment, critical for work-for-hire arrangements
Contracts Act 1950: Provides the legal framework for contract formation, validity, and enforcement in Malaysia
Employees Provident Fund Act 1991: Mandates retirement savings contributions for employees and employers
Employees' Social Security Act 1969: Covers social security benefits and insurance for employees
Personal Data Protection Act 2010: Regulates the collection, use, and handling of personal data in commercial transactions, including employment relationships
Industrial Relations Act 1967: Governs the relationship between employers and employees, including dispute resolution mechanisms
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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