Is a Producer Work for Hire Agreement Really Important?
As a film producer, you’ve most certainly been involved in your share of situations in which a work for hire agreement has been made or implied. Whether you’re a producer that is looking to hire a particular artist to provide work for a film or you’re the one that has been contracted to provide services, signing producer work for hire agreement or a work made for hire agreement is incredibly common in the film industry – and it’s important.
But why?
Producer work for hire agreements represent a unique contractual element that dictates or delegates copyright ownership to created works. Like films and screenplays and things like music for a film.
Don’t fall victim to the work for hire agreement by being misinformed. Or under informed as to the importance of this clause. If you’re a producer, you need to know what to expect from a producer work for hire agreement.
What is a Producer Work for Hire Agreement?
A producer work for hire agreement represents a written contract that legally defines who retains rights to a copyright for creative works.
Now, you might be thinking that since you’re the producer then you will automatically have the right to copyright your work, but you’re wrong! This is one of the many reasons why a producer’s work for hire agreement is so incredibly important.
The work for hire agreement is a hard copy agreement between you and whomever is providing the work. Or whomever you’re providing your services to. Which dictates an agreement that the work provided in being done so for hire.
This means, whoever was hired to provide the work is giving away his or her rights to copyright that work.
Steps to Copyright
Therefore, if you are hired to produce a film and the production company gives you a producer work for hire agreement to sign.
Doing so is one of several steps that may be required in order for the production company to have the right to copyright the work.
Of course, a signed producer work for hire agreement is not the only requirement for a creative process to be copyrighted.
There are also U.S. Copyright rules that apply based on whether the agreement is between an employee or an independent contractor and copyright law states that the work must fall into one of the following nine categories and be provided:
- As a contribution to a collective work
- A part of a motion picture or other audiovisual work
- As a translation
- A supplementary work
- As a compilation
- An instructional text
- As a test
- An answer material for a test
- As an atlas
Who Should Sign a Producer Work for Hire Agreement?
As a producer, the answer is that you should seek a work for hire agreement. One between everyone involved in the production. Whether it’s a member of the film crew, the post production crew, an audio engineer, or an assistant contributing to the project.
Anyone involved in the production of a creative work that you wish to retain copyright rights to should have a work to hire agreement that you get signed by both you and the worker.
You should respectfully request all employees and contractors to sign work for hire agreements. This is to protect your rights to copyright the work. Without this signed agreement, you risk having to give up copyright!
Agreement Language
Additionally, the producer’s work for hire agreement language is very important. Because this is a contract that you might need to use in a court of law. We recommend you ask an attorney to help you formulate the producer work for hire agreement for your project.
And that you further consult with an attorney to determine the next steps to protecting your work as a producer. As well as to protecting any work that you pay for during your time in the film industry.
Although you might find online legal forms and similar resources. It is advisable to speak with an attorney before taking any legal steps. Even if it’s writing a producer work for hire agreement.
