Is a Work Made For Hire Agreement for a Documentary Film Required?

Producing a film is a task that involves a lot of different working hands that get involved in various steps of the creative process. At each stage, it’s important for agreements to be made as to who will retain the copyright ownership of the finished work, especially when it comes to producing a documentary film. The work made for hire agreement for a documentary film is something that will almost certainly come up between the producer and various contractors or freelancers involved in the production.

But is it necessary?

What is the Work Made for Hire Agreement?

A work made for hire agreement is a special contractual agreement that is entered into between the individual or company ordering the work and the individual or company that is providing the work.

In the film industry, the work made for hire agreement for a documentary film is a commonly-used contract. That essentially dictates who retains ownership of the copyright registration for a project.

As it passes through the various hands of multiple freelancers or employees involved in the production. Basically, the work made for hire agreement states that any work provided by a contractor or employee is done “for hire”.

Which means that the work is paid for. And in exchange the individual or company paying for the work retains ownership and any copyright registration rights.

A Unique Need for Copyright Law

Copyright law generally provides protection for the creator of a work. When a film is created, there are many different hands involved.

The work made for hire agreement for a documentary film basically maintains that the individual or company that orders the different freelance work for a documentary film will maintain ownership of the work throughout the process regardless of how many contractors work on it.

Their work becomes the ownership of the production company ordering the work so that in the end. There is one finished project that is owned by the production company, fully.

Individual Creation

This is important because copyright law states that the individual who creates the work can register the copyright. However, when work is contracted, such as film editing or the writing of a screenplay?

The law allows for the individual who ordered the work to take ownership as long as there is an appropriate work made for hire agreement that is executed between both parties. And there is a signed contract that states the work is made for hire.

Is a Work Made For Hire Agreement Required?

So, is a work made for hire agreement for a documentary film required in order to establish ownership? Absolutely! If you’re a film producer or production company that intends to have contractors working on your documentary project.

You’re going to need a work made for hire agreement from each of them in order to maintain your ownership. And to be able to register the copyright for the documentary in the end. It’s a must!