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- THE SERVICES
- OWNERSHIP OF THE WORK AND DERIVATIVE WORKS
- CLIENT’S ALTERATIONS
- WARRANTY OF ORIGINALITY
- GENERAL PROVISIONS
This ‘WRITING SERVICES (HIRE) AGREEMENT’ (“Agreement”) is made by and entered into between
[NAME] (the “Client”) and [NAME] (the “Author”), and is executed as a binding agreement as of the Effective Date (Client and Author are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).
BACKGROUND AND PURPOSE
- WHEREAS, the Client wishes to engage the Author for the purpose of creating the Work, described below; and
- WHEREAS the Author wishes to prepare the Work in accordance with the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Client and the Author agree as follows:
- THE SERVICES
The Contractor agrees to provide following Service:
[Specify the Work in brief for which the Author is hired… ] (the “Work”).
- OWNERSHIP OF THE WORK AND DERIVATIVE WORKS
(a) Work for Hire – The Author agrees that the work to be supplied by the Author hereunder shall be deemed a “work made for hire,” and the Client shall be deemed the sole author of the Materials and the owner of all rights, title, interest, and proceeds of every kind or nature, whether now known or hereafter devised (including, but not limited to, all copyrights and all extensions and renewals of copyrights) in and to the Materials, with the right to make all uses of the Materials throughout the universe and all changes in the Materials as the Client deems necessary or desirable. Notwithstanding the foregoing, if and to the extent that the Materials are not deemed “works made for hire,” the Author hereby assigns, transfers, and conveys to the Client, exclusively, irrevocably, and in perpetuity, and throughout the universe, all rights, title, and interest (including all rights of copyright) in and to the Materials, including, without limitation, the right to enforce its right in and to secure registrations, renewals, reissues, and extensions thereof. The Author agrees that the Client shall have the right to transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the Materials worldwide in all forms of media and forms of exploitation, now known or hereafter created including, but not limited to, websites, film, television, radio, and print. The Author agrees that it shall have no right to approve any use of the Materials. The Author further agrees that no third party has or shall have any right of approval over the use of the Materials or shall be due any amounts from the use of Materials.
(b) Sole Proprietor – The Client shall be the proprietor of the Materials and of all rights therein throughout the world including, without limitation, the copyright and all rights under copyright therein.
(c) Right to Change – The Client shall have the right to edit, revise, and adapt the Materials and to cause others to make such changes in the Materials as the Client may deem appropriate in order to prepare the same for publication. The Client may publish or may not publish the Materials as the Client, in the Client’s sole discretion, may decide.
(d) Moral Rights – Any assignment of intellectual property hereunder includes all rights of paternity, integrity, disclosure, and withdrawal and any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights”). To the extent such Moral Rights cannot be assigned under applicable law and to the extent the following is allowed by the laws in the various countries in which Moral Rights exist, the Author hereby waives such Moral Rights and consents to any action of the Client that would violate such Moral Rights in the absence of such consent. The Author shall confirm any such waivers and consents from time to time as requested by the Client.
(e) Authorial Credit – In any publication of the Materials, the Client may, and may authorize others to, identify and credit the Author as the artist thereof, and the Client may use or authorize the use of the Author’s name and pertinent biographical data in connection with the advertising or promotion of any publication of the Materials.
The consideration for this Agreement is the promise by the Client to pay the Contractor the amount of [$AMOUNT] ([$###]). This is a one-time compensation for Contractor’s services known as a “work-for-hire” and Contractor understands that this will comprise Contractor’s complete and sole payment.
The Work will be completed by the Contractor no later than [DATE]. Failure to Deliver – If the Author fails for any reason to complete or deliver the Materials and any other materials related thereto within the time and the manner herein specified (“Material Insufficiency”), the Client, at its election, may:
(a) Terminate this Agreement in its entirety, in which event the Client shall be released and discharged from any further obligations to the Author hereunder or otherwise, including but not limited to, the obligation to make any payment to the Author;
(b) Maintain, in full force and effect, the rights granted by the Author to the Client hereunder and reduce the Client’s payment obligation to the Author to a reasonable fee, which shall reflect a fair price taking into consideration the Material Insufficiency, in the Client’s reasonable sole discretion, which shall be at least [$AMOUNT] ([$##]) (“Adjusted Fee”); or
(c) Specify a new date by which the Author shall complete and deliver the Materials and other related materials to the Client. If requested by the Client, the Author shall promptly make changes in the Materials the Client may request at no additional charge to the Client.
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