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, normally doing business at full address andname of hiring creative firm, hereinafter Creative Firm, normally doing business at creative firm address.
This Agreement covers the preparation of project title or description further described in Addendum and submission of ideas and materials therefor. Artist will receive a 50% of the total agreed amount in advance, within a week of both parties signing the agreement. Artist will receive a total fee of $fee upon satisfactory completion. Artist will deliver to Creative Firm on or before agreed date the project title or description in form and content satisfactory to creative firm.
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 Creative Firm. Artist acknowledges that project title or description is being created by Artist for use by Creative Firm.
At Creative Firm's sole and absolute discretion, Creative Firm may make any changes in, deletions from, or additions to project title or description. Creative Firm is not under any obligation to use project title or description or derivative materials.
Artist acknowledges that project title or description is being created by artist for use by Creative Firm and that project title or description is a work made for hire under the United States Copyright Act of 1976. At all stages of development, the project title or description shall be and remain the sole and exclusive property of Creative Firm. 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 Creative Firm all right, title and interest therein, including all copyrights as well as renewals and extensions thereto.
Credit for the work shall read: credit to artist, provided that a substantial portion of Artist's work is used in Creative Firm's final product. No inadvertent failure by Creative Firm to comply with the credit line shall constitute a breach of this Agreement.
Artist retains self-promotional use of the work, such as portfolio display or similar. Artist agrees to abstain from using the work that would create confusion with name of creative firm's trademarks, brands, services, products, or artist's association with name of creative firm.
Artist represents and warrants to Creative Firm 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 Creative Firm from any damage or loss, including attorney's fees, rising out of any breach of this warranty.
Artist grants Creative Firm 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 Creative Firm 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 day 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.