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Agreement to be executed the day and year first above written. EMPLOYER EDITOR Signature Print Name Title Signature Print Name Editor's Work for Hire Agreement 4 , understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. Editor's Work for Hire Agreement 3 IN WITNESS WHEREOF, the parties have caused this tes the entire agreement between Employer and Editor, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditionsf to Editor: 13. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. 14. Entire Agreement. This Agreement constituiven pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: If to Employer: Icompetent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. 12. Notice. Any notice required or otherwise gll be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. 11. Severability. If any part or parts of this Agreement shatrued in accordance with, and governed in all respects by, the laws of the State of ___________________, without regard to conflicts of law principles. 10. Counterparts. This Agreement may be executedactions necessary to ensure that Employer secures the copyright and other intellectual property rights in the Work. Editor's Work for Hire Agreement 2 9. Governing Law. This Agreement shall be consan employee of Employer. Nothing in this Agreement is intended to create or demonstrate an employment relationship between Editor and Employer. 8. Further Acts. Editor agrees to carry out any further arising out of any breach of the representations and warranties set forth in Section 5 above. 7. Independent Contractor. Editor is an independent contractor providing services to Employer, and is not any rights or interest in the Work or in the copyright in the Work. 6. Indemnification. Editor agrees to indemnify and hold harmless Employer from any claims, actions, suits, damages, or other costs cute this Agreement without the consent of any other person or entity. c. Editor represents and warrants that it has not granted, nor will it attempt to grant in the future, any other person or entityn or entity, including any copyright or other intellectual property rights. b. Editor represents and warrants that Editor is the only creator of the Work, and has the legal ability and standing to exe warrants that Editor has obtained all rights, clearances, licenses, or other permissions necessary for the production of the Work, and that the Work does not infringe on the rights of any other persoo terminate this Agreement and recoup the Advance pursuant to Subsection (b) of this Section 4 shall remain intact and exercisable. 5. Editor's Representations and Warranties. a. Editor represents and(b) of this Section 4 shall become null and void. If Employer refuses to accept delivery of the Work when Editor attempts to deliver the Work after the Scheduled Delivery Date, then Employer's right tloyer accepts delivery of the Work, and Editor has not yet received a Termination Notice from Employer, then Employer's right to terminate this Agreement and recoup the Advance pursuant to Subsection such termination and desire to recoup (the "Termination Notice") to Editor within 14 days of the date of termination. c. If Editor delivers the Work to Employer after the Scheduled Delivery Date, Emp event that Employer wishes to terminate this Agreement and recoup the Advance from the Editor due to a failure to deliver the Work by the Scheduled Delivery Date, Employer must send written notice ofWork to Employer by the Scheduled Delivery Date, Employer shall have a right to terminate this Agreement as set forth in Subsection (b) of this Section 4, and to recoup the Advance from Editor. In theo , 20 (the "Scheduled Delivery Date"). The Work will meet the following Editor's Work for Hire Agreement 1 criteria in terms of form and quality upon delivery: . b. If Editor fails to deliver the Delivery Payment"). The Delivery Payment shall be paid in full to Editor within 14 days of the delivery of the work. 4. Delivery. a. The Work shall be completed and delivered to Employer on or prior tce"). The Advance shall be paid in full to Editor within 7 days of the execution of this Agreement. b. When the Work is completed and delivered to Employer, Employer shall pay Editor a sum of $ (the "nditions of Section 4 below, Employer shall pay Editor a total sum of $ , divided into the following installments: a. Upon execution of this Agreement, Employer shall pay Editor a sum of $ (the "Advanp and interest in the Work to Employer, including all interest in the copyright in the Work, and in any other intellectual property or moral rights in the Work. 3. Payment. Subject to the terms and cot holder. Editor waives all moral rights in the Work. 2. Assignment. If for any reason the Work shall be deemed not to be a work for hire, then Editor hereby transfers and assigns all rights, ownershipplicable state or federal laws. Editor shall make no claim to ownership of the copyright in the Work, nor shall Editor attempt to exercise any rights, privileges or protections afforded to a copyrigh all rights of copyright registration, renewal and extension. Employer shall also be considered to be the author of the Work for the purposes of U.S. copyright law, and for the purposes of any other aent, Editor shall commence production of the Work. The Work shall be a work for hire, and Employer shall own the Work, and shall be the sole and exclusive owner of the copyright in the Work, includingsideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows: 1. Work for Hire. After the execution of this Agreemdered the author of the Work for the purposes of all copyright and intellectual property issues, and for Employer to be the sole and exclusive owner of the copyright in the Work; NOW THEREFORE, in conployer wishes to engage Editor to create (Brief description of work to be edited or compiled by Editor) (the "Work") as a "work for hire"; AND WHEREAS, the Parties both intend for Employer to be consik for hire. EDITOR'S WORK FOR HIRE AGREEMENT FOR (NAME OF EDITOR) THIS AGREEMENT is made this day of , 20 , by and between ("Employer") and ("Editor", and collectively, the "Parties"). WHEREAS, Emving to pay for unemployment and/or workers compensation insurance. You are advised to consult a competent copyright attorney in your state prior to engaging an independent contractor to produce a worip It is important to note that under the laws of some states, an independent contractor that performs services under a work for hire arrangement may be deemed to be an employee for the purposes of haout the workings of the Copyright Act or about the rules and regulations governing U.S. copyright law, please visit the website of the U.S. Copyright Office at www.copyright.gov. Employment Relationshtest Answer material for a test An atlas Any work created by an independent contractor that does not fall within one of these prescribed categories can not be a work for hire. For more information abr must be: 1. 2. 3. 4. 5. 6. 7. 8. 9. A contribution to a collective work A part of a motion picture of other audiovisual work A translation A supplementary work A compilation An instructional text A independent contractor must also fall within one of nine specific categories of works in order to qualify as a work for hire. According to the nine categories set forth in the Copyright Act, a work foned once an illustrator has already completed all or a portion of his work will generally not be sufficient to vest the copyright in that work in the employer. Categories of Work A work created by an on for it to be considered a work for hire. Further, the contractor must be engaged by a signed writing prior to commencement of work on the project. For example, a work for hire agreement that is sigin order for a work created by an independent contractor to be considered a work for hire. Creation The independent contractor must be specifically commissioned or engaged to create the work in questis kit addresses the second case, in which an independent contractor is hired specifically to create a work for the employer. Under the Copyright Act, there are a number of conditions that must be met his or her employment. In that case, the work may be considered to be a work for hire, and the employer may be the sole and exclusive owner of the copyright in the work. The agreement included in thiack to the copyright holder. Work for Hire There are two general situations in which a work will be considered to be a work for hire. The first is where an employee creates a work within the scope ofholder can choose to license all of the rights, or only certain specific rights. In a license agreement, the rights are generally licensed for a defined period of time, after which the rights revert bt holder by federal law are exclusive; that is, they belong solely to the copyright holder. However, the copyright holder is entitled to license or assign those rights to a third party. The copyright right to perform it, and the right to publish it. This list is not exhaustive, and there are a host of other rights included within the copyright bundle of rights. The rights conferred upon a copyrighpyrighted material in virtually any manner he/she wishes. This bundle of rights includes the right to sell the copyrighted material, the right to copy it, the right to adapt it to another medium, the nfer upon their holder a number of rights and protections. These rights are "bundled" together under the copyright umbrella, affording the copyright holder the ability to use, sell, or transfer the codered to be a "work for hire." In this situation, the employer enjoys all the rights and protections afforded by the federal copyright statute. Rights Enjoyed by Copyright Holder Federal copyrights coe, with the artist being the holder of that copyright. However, in certain situations the party that hires the creator to create the work is considered to be the copyright owner, and the work is consihe copyright link. Copyright Holder In most cases, a copyright is held by the creator of the work. For example, when an artist creates a sculpture, the copyright automatically attaches to the sculpturide some additional protections against infringement, and is a fairly simple process. To register a work with the U.S. Copyright Office, please visit our website at www.findlegalforms.com, and click tixed once it is recorded; a text is copyrighted once it is written. While registering a work with the Copyright Office is not necessary in order to enjoy the rights of a copyright holder, it does provf a copyright holder, whether the holder takes any action to register the copyright or not. In order to be fixed, a work must simply be given some tangible or permanent form. For instance, a song is fmatically to a work of art, a text, or any other creative work. Once the work is "fixed" in a particular medium, the copyright attaches to it. It protects the creator, and affords him/her the rights ooverned by the federal copyright statute (Title 17 of the U.S. Code). Creation of a Copyright While one may register a copyright with the U.S. Copyright Office, federal copyrights actually attach autod Works for Hire Copyright law falls largely, and often entirely, within the purview of federal law. Consequently, the term "copyright" generally refers to the statutorily created federal copyright, gre. The kit should be used to draft your own agreement, but you are advised to have a competent copyright attorney review the agreement before you sign it. Basic Introduction to Federal Copyrights anbe considered to be a work for hire. Included in this kit is a sample form for drafting an Editor's Work for Hire Agreement, hiring an independent contractor to edit or compile a text as a work for hi work will be the owner of the copyright in that work. Such a work is called a "work for hire." The Copyright Act of 1976 sets forth certain specific rules and guidelines establishing when a work may k in question is "fixed" (i.e., a compilation is fixed when it is arranged and given a fixed, permanent form). However, in certain situations, the person or entity that hires the creator to create the. In most cases, the creator of a work is the sole and exclusive owner of the copyright in that work. The copyright becomes the property of the creator immediately and automatically as soon as the worFINDLEGALFORMS.COM Work for Hire Agreement (Editor) ­ Kit This kit includes information and tools that will assist you in drafting a "work for hire" agreement for the compilation or editing of a text