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Writers, hopeful authors, graphic designers and marketing specialists require the services of professional artists from time to time, specifically in order to commission artwork that is unencumbered by the retention of copyright by the original artist.

What is a Work-for-Hire Contract or Agreement?

A work-for-hire contract is a document which explicitly transfers the natural creative copyright attributed to an individual's intellectual property to a contracting party whom is not only expecting to purchase, say, a physical reproduction or original work, but also all copyright pursuant to that work in the future.

Why Is It Important to Commission Artwork via a Work-for-Hire Contract?

Consider an author who has approached a professional artist to commission cover artwork as well as internal illustrations for his or her book. Regardless of whether the work is self-published or is pitched by a literary agent to a publishing house, the artist retains creative copyright of their image unless it is signed over to the author via the means of a work-for-hire contract. Without this transfer of legal copyright, the artist would be able to sue the author at a later date under a claim of using his work without permission for some form of royalties or payment on book sales (using the example from above).

Be sure to engage the artist you are commissioning within a work-for-hire contract, signed by both parties as well as a witness, before any work has even started on the project. It is important to ensure that all work is covered by the agreement and no part of the work can be considered to be retained, in terms of intellectual property, by the artist in question.Several different templates for basic work-for-hire contracts exist online that are free to download and modify to each party's specific needs and can be prepared yourself. If you have any specific questions or concerns regarding the agreement you should contact an attorney.

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