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Work Made For Hire Agreement
"I need a Work Made For Hire Agreement for hiring a freelance software developer to create a mobile app for my startup, with specific provisions for source code ownership and a milestone-based payment structure to be completed by March 2025."
1. Parties: Identification of contracting parties (employer/commissioner and creator)
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Work Made for Hire' definition under Copyright Act
4. Scope of Work: Detailed description of works to be created and specification of the nine statutory categories if applicable
5. Ownership and Assignment: Clear statement of work made for hire status and ownership rights, including copyright and other IP rights
6. Compensation: Payment terms, schedule, and consideration for the work and rights transfer
7. Warranties and Representations: Creator's warranties regarding originality, non-infringement, and capacity to enter agreement
8. Term and Termination: Duration of the agreement and conditions for termination
9. Confidentiality: Protection of confidential information shared during the creation process
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on competing activities, used when protecting business interests is crucial
2. Moral Rights Waiver: Waiver of attribution and integrity rights, used for works that may be modified or used without attribution
3. Insurance Requirements: Required insurance coverage provisions, used for high-value or high-risk projects
4. Independent Contractor Status: Clear statement of independent contractor relationship, used when creator is not an employee
5. Revisions and Acceptance: Process for requesting and implementing revisions, used for creative or technical works
1. Schedule A - Work Description: Detailed specifications of works to be created, including deliverables and technical requirements
2. Schedule B - Compensation Schedule: Detailed payment terms, milestones, and payment amounts
3. Schedule C - Delivery Schedule: Timeline for work completion and delivery milestones
4. Schedule D - Acceptance Criteria: Specific criteria for accepting completed work and approval process
Authors
Work
Work Product
Intellectual Property Rights
Confidential Information
Effective Date
Deliverables
Services
Specifications
Moral Rights
Commissioner
Creator
Background IP
Derivative Works
Term
Payment Schedule
Delivery Schedule
Acceptance Criteria
Project
Materials
Pre-existing Works
Copyright
Trade Secrets
Proprietary Information
Work Made for Hire
Ownership and Assignment
Scope of Work
Compensation
Delivery and Acceptance
Confidentiality
Intellectual Property Rights
Warranties and Representations
Independent Contractor Status
Moral Rights
Non-Competition
Non-Solicitation
Term and Termination
Indemnification
Insurance
Force Majeure
Assignment and Delegation
Modification and Waiver
Severability
Governing Law
Dispute Resolution
Entire Agreement
Notices
Counterparts
Survival
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