Freelancer? Workers on demand? Independent contractor? You need to be familiar with how to create a solid pay-for-work contract. Protect your rights. Protect your work. Protect your livelihood. If you have signed a “work for hire or reward” contract, this does not necessarily mean that your work is automatically considered temporary work. First, the courts will determine if your situation meets these legal requirements. If this is not the case, the courts will ignore the wording “work done for the rental” and instead interpret the other wording of your contract and the circumstances of the project to determine whether you otherwise transferred your copyright to the client. Second, if you are not an employee, your client can only own your work as temporary work if: For example, Microsoft has hired many programmers to develop the Windows operating system, which is simply credited to Microsoft Corporation. In contrast, Adobe Systems lists many Photoshop developers in its credits. In both cases, the software is the property of the employer company. In both cases, the actual creators have moral rights.
Similarly, newspapers regularly write press articles written by their employees, and publishers award authors and illustrators who produce comics with characters like Batman or Spider-Man, but publishers own the copyright to the work. However, articles published in scientific journals or works produced by freelancers for journals are generally not works created as a rental work, which is why it is common for the publisher to require the copyright owner, the author, to sign a copyright transfer, a short legal document that transfers certain copyright from the author to the publisher. In this case, the authors retain the copyright in their work that has not been granted to the publisher. [Citation required] Insert other requirements. If the worker is a contractor, there may be requirements for that person, such as . B taking out insurance. A confidentiality agreement may be part of this contract and restricts what the employee can discuss about the contractor`s activities. The ownership of a rental work depends on the type of creative work: Q. As a freelance illustrator, I sometimes receive contracts from my clients saying the work is “done to hire.” What does “Work done for rental” mean? Will I lose all rights to my work if I sign? Trademark ownership is established through use. If your business uses a trademark after it was created, it still needs a lease with the person who created it to determine that the employer, not the employee, owns it. The sections that are often included in a lease are listed below. Working for leases is complicated.
There is no specific model and every situation is different. For example, some states have specific language required for ownership exemptions from employment contracts for leases. There are certain situations where it would be appropriate for your customer to own the copyright in your work, for example, if you are creating a logo or corporate identity set (see the discussion in Legalities 1 under the subtitle: When should a customer own your copyright?). But while it`s appropriate for your client to own the copyright, it`s better to transfer the copyright through the contractual language rather than through the work done for the rental language. .