sample work for hire agreement

The following sample work for hire agreement is a simplified letter from you the artist to the person who wants to manage you, to enable you to compare with contracts you may be offered.  It is not a substitute for a formal agreement drafted and negotiated by a professional music business solicitor which is likely to be far more complex!

Before signing any form of contract seek advice from a solicitor and establish who owns the company you are expected to sign.

Work For Hire Acknowledgment 

                                                      Dated as of ______________

[NAME OF PERSON]
ADDRESS
CITY, STATE, ZIP CODE  

This work-for-hire acknowledgment (Acknowledgement) by [NAME OF PERSON] (me, my, or I) is in connection with that certain recording project ("Project") involving the production of musical composition(s) featuring the performances of [ARTIST] (the Master(s)).  It is hereby acknowledged that I performed services as a ________________________ for the entire Project. 

1.  Ownership of the Master(s): 

I, for good and valuable consideration in the amount of ______________________________, (receipt of which is hereby acknowledged), certify and agree that all of the results and proceeds of the services of every kind heretofore rendered by me in connection with the Masters created for [ARTIST]  is and shall be deemed a work "made-for-hire" in that (i) it is prepared within the scope of my employment hereunder and/or (ii) it constitutes a work specifically ordered by [ARTIST] for use as a contribution to a collective work.  Accordingly, I further acknowledge, certify and agree  that [ARTIST] is and shall be deemed the author and/or exclusive owner of all of the foregoing for all purposes and the exclusive owner throughout the world of all the rights of any kind comprised in the copyright thereof (expressly including the copyrights in and to the Masters and any renewal or extension rights in connection therewith, excluding only the copyright in the collective work embodied on the Masters), and of any and all other rights thereto, and that [ARTIST] shall have the right to exploit any or all of the foregoing in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as [ARTIST] determines.      I  hereby irrevocably and unconditionally waive any and all moral and like rights that I may have in the Masters and the performances and/or the musical compositions  embodied therein and I hereby agree  not to make any claim against [ARTIST] or any party authorized by [ARTIST] to exploit the Masters  based on such moral or like rights.  To the extent that I may be deemed the "author" of the Masters, I  hereby grant and assign to [ARTIST] all rights of every kind and nature whether now or hereafter known or created (and so far as may be appropriate by way of immediate assignment of future copyright) throughout the universe in perpetuity and, in connection therewith  I hereby grant  to [ARTIST] the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if I shall fail to execute same within five (5) days after so requested by [ARTIST].   In connection therewith, I hereby grant to [ARTIST] the exclusive worldwide right in perpetuity to manufacture, sell, reproduce, adapt, distribute, transmit, communicate and otherwise use the Masters in any form and by any method now or hereafter known, including, without limitation, via cable transmission, satellite transmission,  electronic transmission, transmission via the Internet (including any promotional or commercial downloads),  and advertise phonograph records or other reproductions (visual and non-visual) embodying the  Masters, to lease, license, convey or otherwise use or dispose of the  Masters by any method now or hereafter known, in any field of use, to release phonograph records or other reproductions embodying the Masters under any trademarks, trade names, or labels, to perform such phonograph records or other reproductions publicly, and to permit the public performance thereof by means of  radio or television broadcast, cable transmission, satellite transmission, electronic transmission,  or any other method now or hereafter known, all upon such terms and conditions as [ARTIST] may approve, and to permit any other person, firm, or corporation to do any or all of the foregoing or may refrain from doing any and all of the foregoing.

2. Name and Likeness: 

I hereby grant to [ARTIST] the right to issue and authorize publicity concerning me and to use my name, voice, and approved likeness and approved biographical data in connection with the distribution, exhibition, advertising, and exploitation of the Masters produced during the Project.  I shall exercise approvals hereunder reasonably and within five (5) days after request by me, or such approvals shall be deemed given. 

3. Indemnification: 

I  hereby agree to and do hereby indemnify, save, and hold [ARTIST] harmless from all damages, liabilities, costs, losses and expenses (including legal costs and reasonable attorney�s fees) arising out of or connected with any claim, demand, or action by a third party which is inconsistent with any of the warranties, representations, or covenants made by me in this acknowledgment  provided same are reduced to a final judgment, arbitration, or settlement made with my prior written consent, which consent shall not be unreasonably withheld.  I agree to reimburse [ARTIST], on demand, for any payment made by [ARTIST] or [ARTIST]�s designee(s) at any time with respect to any such damage, liability, cost, loss or expense to which the foregoing indemnity applies.

4. Ownership of Musical Composition(s): 

[OPTION 1]    MOST OFTEN USED FOR ROCK AND COUNTRY MUSIC 
The services rendered by me shall be deemed not to be a contribution to the writing of any music or any lyrics embodied in the underlying musical compositions contained on any of the Masters, and I hereby waive any and all rights with respect to the copyright of any underlying musical compositions embodied on the Masters.   Accordingly, I agree not to make any copyright claim for authorship or any portion thereof, including any claim for authorship of the lyrics, the music or both. 

[OPTION 2] MOST OFTEN USED IN RAP, R&B, and sometimes POP MUSIC

a. The services rendered by me shall be deemed to be a contribution to the writing of the music embodied in the underlying musical composition contained on the Master(s) as provided for below, and I shall issue or shall cause my publishing designee to issue to [ARTIST] or [ARTIST]�s designee a first use mechanical license at the same rate (on a pro-rata basis) and upon the same terms and conditions as are contained in the controlled composition clause of the recording agreement between [ARTIST] and [RECORD COMPANY] dated, [DATE] in respect of compositions written or controlled by [ARTIST].   

 b. It is hereby acknowledged that the copyright percentages for the musical compositions embodied on the Master(s) is/are owned by the following persons (or their respective designees) in the percentages specified: 

Sample   Writer Name     Percentage 

SONG SAMPLED [WRITER 1]         (__)%

IF ANY]  [WRITER 2]         (__)%       

      c. Each party shall have the right to administer its respective copyright ownership interest therein, including the right to license, collect and receive their combined writer�s and co-publisher�s share of the income. 

5. Warranties and Representations: 

I hereby agree that I shall not have or be deemed to have any lien, charge, or other encumbrance upon any of said rights conveyed to [ARTIST] herein or proceeds derived therefrom, and that, as between [ARTIST] and me, no act of or omission by me, nor any other act, omission or event of any kind, shall terminate or otherwise adversely affect [ARTIST]�s ownership of the rights conveyed herein.  My sole remedy for any such breach or alleged breach shall be an action at law to recover such damages as may have been actually suffered by me as a result thereof. 

6. Arbitration: 

In the event of any disagreement or dispute between the parties hereto arising out of or relating to the subject of this Acknowledged, such dispute shall  be submitted to arbitration  before the American Arbitration Association in Los Angeles pursuant to the rules promulgated by said Association and California Code of Civil Procedure, and the Civil Code relating to taking depositions, obtaining discovery (including, but not limited to, C.C.P. Section 1283.05), and enforcing judgments, shall be applicable thereto.  This arbitration provision shall remain in full force and effect notwithstanding the nature of any claim or defense hereunder and the prevailing party shall be awarded reasonable attorneys� fees in connection therewith. 

Executed as of_______________ 

AGREED AND ACCEPTED: 

___________________________

[NAME OF PERSON]