This is a basic work-for-hire agreement, where the contractor is an artist being hired by a creative firm for a work of design. I based this agreement on template documents provided to students at Fordham Law, and tailored the provisions for an "artist" (could be any type) hired by a "creative firm" to produce a creative work to be incorporated in a final product produced the "creative firm".
This is an Agreement between name of artist, hereinafter Artist and Michael Saver and Andrew Bratica.
This Agreement covers the preparation of Mr. Teacher and Panda discussed in email exchange between the two parties and submission of ideas and materials therefor. Artist will receive a total fee of $ upon satisfactory completion. Artist will deliver to Michael Saver and Andrew Bratica on or before September 31st, 2014 the Mr Teacher and Panda in form and content satisfactory to them.
Artist is an independent contractor. This work is 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 Michael Saver and Andrew Bratica. Artist acknowledges that Mr Teacher and Panda is being created by Artist for use by Michael Saver and Andrew Bratica.
At Michael Saver and Andrew Bratica's sole and absolute discretion, they may make any changes in, deletions from, or additions to . Michael Saver and Andrew Bratica is not under any obligation to use or derivative materials.
Artist acknowledges that is being created by artist for use by Michael Saver and Andrew Bratica and that is a work made for hire under the United States Copyright Act of 1976. At all stages of development, the shall be and remain the sole and exclusive property of Michael Saver and Andrew Bratica. If for any reason the results and proceeds of Artist's services hereunder are determined at any time not to be a work made for hire, Artist hereby assigns to Michael Saver and Andrew Bratica all right, title and interest therein, including all copyrights as well as renewals and extensions thereto.
Credit for the work shall read: , provided that a substantial portion of Artist's work is used in Michael Saver and Andrew Bratica's final product. No inadvertent failure by Michael Saver and Andrew Bratica to comply with the credit line shall constitute a breach of this Agreement.
Artist represents and warrants to Michael Saver and Andrew Bratica 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.
Artist will indemnify Michael Saver and Andrew Bratica from any damage or loss, including attorney's fees, rising out of any breach of this warranty.
Artist grants Michael Saver and Andrew Bratica the right to issue and authorize publicity concerning Artist and to use Artist's name and approved biographical data in connection with the distribution and advertising of the project.
Any proprietary information, trade secrets and working relationships between Artist and Michael Saver and Andrew Bratica and its clients must be considered strictly confidential, and may not be disclosed to any third party, either directly or indirectly.
With reasonable cause, either party reserves the right to cancel this Agreement without obligation by giving 30 days written notice to the other party of the intent to terminate. In the event that either party shall be in default of its material obligations under this Ageement and shall fail to remedy such default within 60 days after receipt of written notice thereof, this Agreement shall terminate upon expiration of the 60 days period. Should Artist's commission be cancelled or postponed for any reason before the final stage, Creative Firm agrees to pay a cancellation fee based on work completed.
Please indicate acceptance of the terms set forth above by signing this Agreement.
Aug 20, 2014