Before hiring anyone to make videos, do photography, or make any type of art for your organization wether it be real, physical art or computer-generated files, be sure to have that individual or company sign what’s called a “work-for-hire” agreement.
This form just means they are hired to produce art and/or photography for your organization in exchange for a one time fee. All rights and copyright will belong to you and your organization after payment is made, and this will last forever. So long as you obtain trademarks and copyrights registered with an attorney, the art and photography will be yours to use in any type of promotion or marketing you deem necessary. If you do not obtain this release form, preferably signed by the artist and/ or photographer or videographer before the work is done, it may prove to be difficult to do so later.
I have one horror story of a photographer demanding $50,000 in order to release the rights. Under the law, just because you pay a photographer money doesn’t mean you own their photography. As artists they have the right to your pictures, to use as they want, on their own web site and promotional materials. They can even make prints and sell it, unless you have them sign this form. Most people don’t realize that, and later find their wedding pictures all over the internet. So be careful, do your homework, and make sure you have this form signed, and give a signed copy to your attorney.
Here is a sample work for hire agreement:
Release for Zankou’s Catering Menu photography
This is an agreement between _____________________ and Zankou Chicken, Inc.
This Agreement covers the preparation and submission of ideas and materials by
__________________ for the production of restaurant menu photography in
exchange for $_______________________ upon satisfactory completion. This work is considered work for hire under the copyright law taking effect January 1, 1978. All concepts, ideas, sketches, art-work, electronic files, photographs, and other materials related to it will become the property of Zankou Chicken for all perpetuity without further compensation. Zankou Chicken will use the photography in physical menus, online, and in all other promotional and marketing materials as is deemed necessary.
To the extent that any of the materials prepared by ________________________
are not, by operation of law, a work-for-hire in accordance with the terms of this Agreement, ________________________ hereby assigns to Zankou Chicken all right, title and interest in and to any copyright, and Zankou Chciken shall have the right to obtain and hold in its own name any copyrights, registrations, and other proprietary rights which may be available.
Any proprietary information, trade secrets and working relationships between ________________________ and Zankou Chicken and its clients must be considered strictly confidential and may not be disclosed to any third party, either directly or indirectly.
Please indicate acceptance of the terms set forth above by counter-signing a copy of this Agreement. It is necessary for us to have a copy signed before we can authorize you to proceed with this project. Thank You
Contracted by ____________________________ Agreed to by ___________________
Name:__________________________________ Name: _________________________
Title with Zankou Chicken ________________________________________________
On this ______________day of ____________________________