Should a Producer Enter Work for Hire Agreement for a Documentary Film with Cast & Crew?

As any filmmaker navigates the process of entering into the most appropriate agreements and contracts required for their production. A lot of confusion and questions come up. Specifically, filmmakers often question whether entering into a work-for-hire agreement is something that you should be entering into. As part of your head role as producer for the film. Say you’re planning to enter a work for hire agreement for a documentary film. It’s important to review the various cast and crew involved in your production. To ensure that you’ve initiated the work for hire agreement for a documentary film that is most appropriate to your production.

Before making your final decision, make sure that you’re familiar with who’s working on your documentary that should be employed under a work for hire agreement. And who can be hired as an employee which will essentially work “for hire” as a standard. 

Should Producer’s Enter Work for Hire Agreements?

When producing a documentary film, many producers wonder when they should enter work for hire agreements for a documentary film. These agreements are not always required. But what is required is for the producer to have a firm understanding of how the process works.

Entering a work for hire agreement for a documentary film is something that producers should really pay attention to and plan for. Their cast and crew members involved in the production will maintain ownership of the copyright to their performance.

Or other areas of the production if a work for hire agreement is not signed. Thus, producers who wish to maintain a clean chain of title. In which they have ownership of the finished film.

And can legally transfer rights to a distributor must enter a work for hire agreement for a documentary film with any cast and crew member that is not a hired employee. 

Employees vs. Contractors

Is a work for hire agreement for a documentary required for everyone involved in the film including both cast and crew? Not technically. It’s important for film producers to understand how the relationship between a contractor and an employee works.

This is also important to understand because the arrangements. Including the ownership of copyright. Changes based on whether the work is produced under a work for hire agreement or as a contractor. 

Work For Hire

When contractors work on a documentary project that is void of a work for hire agreement. The producer does not maintain the rights to the work provided. For this reason, anytime a contractor is providing the work.

The producer needs to have a work for hire agreement for a documentary film created and signed between the contractor and the producer.

This ensures that the work the contractor puts in, and any copyright to the work, is legally owned by the producer even after the project is completed.

When a film crew employee provides work for a producer, the work is automatically performed under a work for hire agreement. For a documentary film that is being produced with a mix of both employees and contracted workers.

Initiate All Proper Legalities

The film producer really needs to be sure that they have properly initiated any and all contacts required for the employees, and contractors, involved.

Employees are held to different standards than a contractor. These individuals are generally required to work set hours, are paid for holidays, and will receive a set salary or hourly pay.

When an employee is working on a documentary film, the employee is typically the recipient of benefits. Including workman’s compensation and other protective options. And the employer usually provides health insurance, too.

If you have employees working on your film, the work they provide in exchange for pay is done “for hire.”

An employee is:

• Someone that receives employee benefits including paid time off or other benefits.
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• Has a specialized skill that is required for the job.
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• Someone that uses the equipment of the producer.
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• Performs assignments and projects largely based on how the producer requests.
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• Someone that receives medical insurance and other benefits through the employer.

Likewise, an independent contractor is:

• Someone that does not receive benefits from the employer.
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• Provides services for the employer but is free to perform those services at their discretion.
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• Someone that is commissioned to perform work.
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• Hired to provide a “work for hire” only if a specific agreement for such is made.

Contractors

Likewise, if you hire contractors to work on your documentary, and they are free to perform services as they wish. They do not have set working hours or receive a set salary or hourly pay.

They may have different rules and regulations involved with their work. Contracted workers do NOT provide work for hire. Unless a work for hire agreement for a documentary film is established between the contractor and the film producer. 

Don’t Make the Mistake of NOT Including a Work for Hire Agreement

If you’re a film producer that is wondering whether you should enter a work for hire agreement for a documentary film? The answer is – YES! If you’re working with contracted workers, you need to have each of them enter a work for hire agreement.

This includes any freelance artists such as editors, camera crew, or other creators that might work on your documentary production. If they are not a legal employee that receives a set pay with taxes deducted and other benefits paid through a true employee relationship.

Then they MUST have a work for hire agreement in order to relinquish their right to copyright over to the producer.

Consequences

Say you allow a contractor to provide services without the inclusion of a work for hire agreement. You run the risk of the contractor seeking copyright ownership for their work.

This means that the film producer would not own the copyright. And, therefore, would not be able to seek further protections under the U.S. Copyright law.

In Summation

Without a written work for hire agreement for a documentary film you run a distinct risk that there will be subsequent struggles between your past contractors and the application for copyright protection.

All contractors, and employees, should enter into a work for hire agreement for a documentary film as set forth by the producer. 

Lack of a clear, documented work for hire agreement from each employee and each contractor can leave litigation open to discretion.

Which may mean that a producer could face challenges in fighting for their right to the copyrighted work. So, should a producer enter a work for hire agreement for a documentary film with cast and crew? Absolutely!