Work Made For Hire Agreement

Work Made For Hire Agreement

Independent Contractor/Author: ________________________________

Address: __________________________________________________

1.  This is a work-for-hire and/or assignment from _______________________(name of independent contractor/consultant) to the Louisiana State University (hereafter "LSU"), and to LSU's successors and assigns of the entire right, title and interest in and to all works of authorship created pursuant to this agreement, as more fully described below:

[insert description of services to be done by independent contractor, e.g., graphic design services, artwork, web design services, etc.] (hereinafter, the "Work" or the "Contribution"). 

All such "Works" or portions of "Works" created by the Contractor are hereby agreed to be "works made for hire" within the meaning of 17 U.S.C. 201. However, if LSU is not able to obtain copyright ownership under the statutory provisions for "works made for hire," then Contractor hereby irrevocably transfers and assigns to LSU all right, title, and interest in:

    1. the copyright to Contractor’s work of authorship ("Work") and contribution to any such Work ("Contribution");
    2. any registrations and copyright applications, along with any renewals and extensions thereof, relating to the "Contribution" or the "Work";
    3. all works based upon, derived from, or incorporating the "Contribution" or the "Work";
    4. all income, royalties, damages, claims and payments now or hereafter due or payable with respect to the "Contribution" or the "Work";
    5. all causes of action, either in law or in equity, for past, present, or future infringement of copyright related to the "Contribution" or the "Work", and all rights corresponding to any of the foregoing, throughout the world.

In addition, to the extent any applicable law or treaty prohibits the transfer or assignment of any moral rights or rights of restraint the Contractor has in the "Contribution" or the "Work", the Contractor waives those rights as to LSU, its successors, licensees andassigns.

2.  Contractor represents and warrants to LSU that to the best of his/her knowledge the "Work" or "Contribution" or any part thereof does not infringe on any copyright or proprietorial rights of others, that you are the sole author of the "Work" or "Contribution" and all of your services are original with you; that your "Work" or "Contribution" is not libelous or obscene, or knowingly violates the right of privacy or publicity, or any other rights of any person, firm, or entity.  Contractor will indemnify LSU from any damage or loss, including attorney's fees, rising out of any breach of this warranty.

ACCEPTED AND AGREED TO:

CONTRACTOR/CONSULTANT

_____________________

Signature

 

____________________

 

Printed Name

___________________

Date

WITNESS

___________________

Signature

 

___________________

Printed Name

 

__________________

Date

Based on NC State's Independent Contractor Clause Advice Memo