It is a basic hire employment contract in which the contractor is an artist hired by a creative company for a design work. I based this agreement on presentation materials made available to Fordham Law students, and adapted the arrangements of an “artist” (perhaps any genre) hired by a “creative company” to produce a creative work to be incorporated into a final product of the “creative society.” Keep in mind that characterizing a job as “work to be hired” could impose certain obligations on an “employer” with respect to state worker compensation coverage, unemployment compensation and other benefits for workers. So talk to your tax advisor before ordering a work or hiring a business – there may be issues related to both copyright and worker benefits. Most people think they have the rights to any work they have paid for. In the absence of a written employment contract, you may not necessarily have the rights to the work. When an independent contractor issues a contract, it is guaranteed that you will get the rights to the work. On the other hand, a loan contract for authors is less desirable than a copyright transfer contract. Under interim work, the client has all the rights from the outset, even if the contract is violated, while the author may, in the context of a transfer of rights, retain the rights until all contractual conditions are carried out. The retention of rights can be an imperative instrument when it is necessary to compel a client to fulfil his obligations. 1. Overview A change in business climate or individual objectives may indicate that it is time to end a partnership and relieve the parties of their obligations. If one of the partners retires, dies or goes bankrupt, the partnership can be automatically terminated in accordance with its management agreement. The objectives of the partnership may also have been achieved and formal relations between the parties may no longer be necessary.
In the absence of a full transfer of rights, you negotiate a copyright license. Licensing agreements are very factual and must be carefully crafted for each project.