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How does "work-for-hire" work? What makes it different from purchasing copyrights?


katber

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56 minutes ago, mabelma said:

Agreed. I personally like to add my copyright terms on my FAQ, to make sure people understand that whilst they hold commercial rights to sell the image, I will always hold rights to display it in my portfolio and on my social media pages as completed work, unless a new agreement is reached and that has an extra cost.

Absolutely correct. Your written agreement always supersedes what someone thinks the "global rules" are. 

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23 hours ago, newsmike said:

Absolutely correct. Your written agreement always supersedes what someone thinks the "global rules" are. 

Exactly! Be as clear and direct with what you want to happen with your work, and things will go much more smoothly with your buyers.

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  • 1 year later...

I've read this thread. I dealt with Work for Hire, Copyrights, Patents for many years in New York City both as a creator and a buyer. - so hope this input helps.

"Work for Hire" is a legal term that clarifies "the buyer owns all rights to the product being produced... and the progressive elements created along the way to get there." They alone own the patent, the copyright, the reproduction, the intellectual property. So, from the time a Buyer describes the work and a Fiverr Provider take notes, does drawings, begins developing ideas, makes progress, shares multiple options, narrows down to a clients final deliverable... the Buyer owns not just the final version the Provider deliver, but all the steps used to develop it "on the Buyer's dime."

For a Producer to own any and all "intellectual property" they must REMOVE the words "Work for Hire" from their contract in the beginning. That way both Parties know and agree to a different legal standard.

Where this can get sticky is when a creator deals with so many clients that they use tools, techniques, libraries, and processes that accumulate over time, which precede a late-comer clients's work order. The client doesn't own your computer and desk and pencils and lamps to do the work, nor do they own your software licenses or printers or cell phone or car needed to perform the work, nor would that lay claim to sound, font, clip-art, etc. libraries sources to compile or construct a final piece. The Provider can invest in many things to perform their tasks that don't belong to any one client. These all belong to the Provider.

Finally, by example. The Client sees logos you've designed, and chooses one. And you then build all the brand elements using that chosen logo. They own everything and can copyright it as their logo. They don't need your permission in perpetuity. It's not a license they must renew to use it. And you can't go use it. You'd need their (the Owner's) permission to do so. Likewise with a product design, Buyer get to patent them (if wanted, if available). They can license or sell it as they like, not you.

 

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