As with the original version, this contract prioritizes simplicity over legal security. It should be fine for small projects. It favors the client as all rights are transferred from the artist to the client. This hybrid version borrows a handful of terms from other work-for-hire agreements while staying brief.
WORK FOR HIRE AGREEMENT
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Purpose. This is an Agreement between Artist's Name of Artist's Company, hereinafter "Artist", normally doing business at Artist's Address and Client's Name of Client's Company, hereinafter "Client", normally doing business at Client's Address.
Project. Client commissions Artist to: design a website, write a blog post, photograph a concert, etc. Be Specific. (“Works”).
Payment. Client will incrementally make requests for creative works. Artist will determine time and cost then get approval to proceed. Artist will submit draft quality proofs when done. Upon satisfactory completion, Client shall pay Artist and Artist will verify payment. When payment is verified, the Artist will provide full production quality versions and sources of the work promptly.
- Work for Hire. The Works are considered work-for-hire under the United States Copyright Act of 1976. All concepts, ideas, copy, sketches, art- work, electronic files and other materials related to it will become the property of Client. Artist acknowledges that the Works are being created by Artist for use by Client.
- Back-up Assignment. If any portion of the Artist's work is not the type of work that can be a work for hire, then the Artist hereby assigns all copyright and all other rights in the work to the Client. The Artist cannot revoke this assignment.
Original Work. Artist represents and warrants to Client that to the best of his/her knowledge the concepts, ideas, copy sketches, artwork, electronic files and other materials produced do not infringe on any copyright or personal or proprietorial rights of others, and that he/she has the unencumbered right to enter into this Agreement.
Independent Contractor. Artist is an independent contractor, not an employee. Client will not withhold any taxes.
Applicable Law. The laws of Applicable Law State apply to this Agreement.
Note: picking California is probably a bad idea for "governing law"
Disputes. Disputes will be settled by arbitration in Arbitration City. The parties consent to the exclusive jurisdiction of the courts located in Court City or State.
Non-Disclosure. Any proprietary information, trade secrets and working relationships between Artist and Client and its associates must be considered strictly confidential, and may not be disclosed to any third party, either directly or indirectly.
Indemnification. Artist will indemnify Client from any damage or loss, including attorney's fees, rising out of any breach of this warranty.
Please indicate acceptance of the terms set forth above by signing this Agreement.