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Thursday 5 January 2012

Publisher Guidelines for a "Work Made For Hire"



The following guidelines should help you obtain and retain copyright ownership of creative works that are intended to qualify as a "work made for hire."
  1. Reduce to writing the rights of the employee and publisher with respect to employment-related works and other works.
  2. Have a written "work made for hire" agreement with all freelancers and independent contractors who create works that you want to qualify as a "work made for hire." Merely stating that this is a "work made for hire" agreement does not make it one; all the requirements of the independent contractor prong must be satisfied.
  3. Make sure the written "work made for hire" agreement is signed by both parties before the creation of the work.
  4. Include an appropriate "assignment" clause in the "work made for hire" agreement that will serve as a back-up if the work does not qualify as a "work made for hire".

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