In this short guide, we will walk you through the basics of creating a work for hire agreement. Let's get started!
What is a work for hire agreement?
A work for hire agreement is an agreement between you and an independent contractor that is providing services for you in connection with the creation of your content. It clearly establishes your ownership of the content created. A work for hire agreement also outlines the scope and terms of the work and services to be done, including responsibilities, payment terms, credit, dispute resolution and more.
What does work for hire mean?
The U.S. Copyright Act defines “work for hire” as:
- A work prepared by an employee within the scope of his or her employment; or
- A work specially ordered or commissioned for use as:
- A contribution to a collective work.
- A part of a motion picture or other audiovisual work.
- A translation.
- A supplementary work.
- A compilation.
- An instructional text.
- A test.
- Answer material for a test.
- An atlas if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
How to create a work for hire agreement:
1) Login to your Cosynd account and click on "Start New Agreement" on your dashboard.
Tell us what kind of content you have created and give your creation a name.
2) Tell us who you have created your content with. Organize yourself and your collaborator into a new team or select an existing team.
Note: A work for hire agreement can only include 2 collaborators - you and one other contributor. If your collaborator wants to sign your agreement on behalf of their company and they already have a Cosynd account, they will need to check the box marked "I will sign on behalf of a company" and enter their company details before you add them to your team.
- Be sure to add yourself to the team.
- If you will be signing this agreement on behalf of a company, be sure to check the box marked "I will sign on behalf of a company" in your profile before starting this process.
Read more about teams:
3) Select "Start a new work for hire agreement."
Read more about agreement types:
4) Click on "Agreement name" to name your agreement.
5) To finish creating your agreement, you’ll need to answer a few questions for us.
- Click “Continue” to go complete each tab of questions. Your answers will be used to build the terms of the agreement that will be proposed to your collaborator.
- You can view how your choices change the language of the agreement by clicking on "View Change Log" and scrolling down to the section that matches the name of the tab you are in.
6) Take a moment to review your proposed terms and then click on "Send" to propose your agreement to your collaborator for their review/input.
Once your collaborator has registered, we'll walk you both through finalizing the agreement and signing it!
7) Cosynd will notify you when your collaborator has agreed to your terms or proposed alternatives. With their feedback, you can finalize the terms of the agreement for signing.
From your dashboard under "Agreement Invitations," open your agreement. Navigate through the term tabs by clicking on "Continue". In each tab, Cosynd will ask you if you want to finalize the agreement with the original term you chose or if you want to switch to another term (such as ones that your collaborator suggested). If you decide to change a term, follow these steps:
1) Click on "Adjust My Proposal."
2) Select an alternative term from the options presented to you.
3) Click on "Continue" to save the change.
Scroll down to the very end of this page and click "next" to save your progress.
Read more about agreements:
- How do I propose changes to an agreement?
- How do I view all of the proposed changes to an agreement?
8) You will be presented with an agreement that includes all of the terms you chose for the final draft.
Let your collaborator know that you have selected the terms for the final draft. You both can invite your attorneys to review/redline your agreement if you wish to. If not, skip to step 9.
- How do I invite an attorney to review my agreement?
- What is a redline?
- How do I accept a change to the text of an agreement (redline)?
9) If there are no further changes or redlines to accept/reject, you will need to finalize your agreement so that your collaborator can sign it.
Click to allow you and your collaborator to sign the agreement. Once this happens, you will not be able to edit/redline this agreement further. Click on "next" to complete the finalization.
Read more about agreements:
10) Sign your agreement.
To sign your agreement, choose "Accepted" as your status update.
A popup window will appear that will allow you to sign your agreement. You can type your signature, draw your signature, or upload an image of your signature to sign your agreement. After signing, click on "next" to save your signature.
We recommend that you download your agreement by clicking on "Agreements" from the main menu after it has been fully signed - it will have all of the signatures, names, and addresses of your entire team. Agreements can be deleted if you accidentally delete a team or if one of your collaborators deletes the agreement, so you should download each one for your own records.