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Work Made For Hire Agreement

Work Made For Hire Agreement Template for India

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Key Requirements PROMPT example:

Work Made For Hire Agreement

"I need a Work Made For Hire Agreement for engaging a software development contractor to create a custom CRM system, with the project starting March 2025 and including specific provisions for source code ownership and regular progress reviews."

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Document background
The Work Made For Hire Agreement is essential for businesses operating in India who engage contractors, freelancers, or employees to create intellectual property. This document is crucial when commissioning creative works, software development, content creation, or any other intellectual property that should belong to the hiring company. It complies with Indian legislation, particularly the Copyright Act, 1957, and the Indian Contract Act, 1872, ensuring proper transfer of ownership rights from creator to company. The agreement typically includes detailed provisions about the scope of work, payment terms, confidentiality obligations, and intellectual property rights assignment, making it particularly important for projects involving valuable intellectual property or creative content.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - typically the hiring party ('Company') and the creator ('Contractor/Employee')

2. Background: Explains the context of the agreement and the parties' intentions to enter into a work-for-hire arrangement

3. Definitions: Defines key terms used throughout the agreement including 'Work,' 'Intellectual Property Rights,' and 'Confidential Information'

4. Scope of Work: Detailed description of the work to be created, including deliverables, specifications, and quality standards

5. Work Made for Hire: Explicitly states that the work is made for hire and assigns all rights to the hiring party

6. Payment Terms: Details the compensation, payment schedule, and any conditions for payment

7. Intellectual Property Rights: Comprehensive assignment of all IP rights, including copyright, patents, and moral rights

8. Confidentiality: Obligations regarding confidential information accessed or created during the work

9. Representations and Warranties: Creator's warranties regarding originality, non-infringement, and capacity to enter agreement

10. Term and Termination: Duration of the agreement and conditions for termination

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on competing activities - include when protecting business interests is crucial

2. Non-Solicitation: Prevents solicitation of employees/clients - relevant for contractors with client exposure

3. Background IP: Addresses pre-existing IP that may be used in the work - include when creator brings existing IP

4. Moral Rights Waiver: Explicit waiver of moral rights - important for creative works where attribution might be an issue

5. Insurance: Requirements for professional insurance - relevant for high-value or high-risk projects

6. Revisions and Acceptance: Process for reviewing and accepting deliverables - important for complex creative works

7. Subcontracting: Terms for engaging subcontractors - include when subcontracting might be needed

Suggested Schedules

1. Schedule A - Scope of Work: Detailed specifications of the work to be created, including technical requirements and deliverables

2. Schedule B - Payment Schedule: Detailed breakdown of payment amounts, milestones, and payment terms

3. Schedule C - Delivery Schedule: Timeline for delivery of work components and milestones

4. Appendix 1 - Background IP: List of any pre-existing IP that will be used in the work

5. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable

6. Appendix 3 - Technical Specifications: Detailed technical requirements and standards for the work

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions









































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Relevant Industries

Technology

Media and Entertainment

Publishing

Software Development

Advertising

Design and Creative Services

Consulting

Digital Marketing

Education and E-learning

Research and Development

Relevant Teams

Legal

Human Resources

Project Management Office

Procurement

Operations

Intellectual Property

Research & Development

Creative Services

Information Technology

Business Development

Relevant Roles

Legal Counsel

HR Manager

Project Manager

Creative Director

Technical Lead

Procurement Manager

Intellectual Property Manager

Operations Manager

Contract Administrator

Business Development Manager

Chief Technology Officer

Chief Creative Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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