Work-For-Hire Example
Any time you have someone help you with your song who is not a co-writer, you need to have a "Work-For-Hire" (WFH) Agreement. This needs to be signed and dated by all parties before presenting the song. Even if it's your dad whistling on a track, you'll need to have him sign the agreement in exchange for money (in this case, let's hope he only charged you a dollar!). However, there are many different ways to draft a Work-For-Hire Agreement, so it is highly recommended that you seek the advice and counsel of a qualified legal representative (ideally an attorney who specializes in Music/Entertainment Law or Contract Law). Here is an example of a typical WFH Agreement.
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Work-For-Hire Agreement - Example
This agreement is entered into as of this _____ day of ____ , 20XX (current year), by and between ________ (hereinafter referred to as “Songwriter”) and ____________ (hereinafter referred to as ”Musician” [or "Singer," "Producer," "Engineer," etc.]). The parties hereby agree as follows:
1. Songwriter hereby engages Musician’s services and Musician hereby accepts such engagement to perform, without limitation, at rehearsal sessions and phonograph recording sessions for the purpose of creating the following master/demo recording(s): “Here’s To You” Musician agrees to diligently, competently and to the best of Musician’s ability experience and talent perform to Songwriter’s satisfaction all of the services required of Musician hereunder.
2. Conditioned upon Musician’s full and faithful performance of all the terms and provisions hereof, Songwriter shall pay Musician the sum of $ .00 per song (or total or in full) as full and complete consideration for Musician’s services hereunder. Musician acknowledges that this agreement (and your services and the services of anyone else hereunder) is not subject to any collective bargaining agreements since Songwriter is not a party to any collective bargaining agreements that might be applicable to the type of services provided herein.
3. Musician agrees that his/her performances shall be considered as works made for hire as contemplated and defined in Section 101 of the United States Copyright Act of 1976. Musician hereby grants to Songwriter all rights of every kind and nature in and to the results and proceeds of Musician’s services and performances rendered hereunder, including, without limitation, the complete, unconditional and exclusive worldwide ownership in perpetuity of any and all recordings and audiovisual reproductions embodying Musician’s performances hereunder. Songwriter shall accordingly have the sole and exclusive right to copyright any such recordings or audiovisual reproductions embodying Musician’s performances under Songwriter’s name as the sole owner and author thereof.
4. Musician hereby grants to Songwriter the worldwide right in perpetuity to use and publish and to permit others to use and publish Musician’s name, likeness, voice and other biographical material in connection with Musician’s services and performances hereunder.
5. Songwriter shall use best efforts to credit Musician as performing on the recordings herein in the event such recordings are released for sale to the public and shall place Musician’s name on Musician’s website, promotional materials, and in addition to the mp3 metadata, CD cover, sleeve, jacket or insert of the recording as part of any list of musical works. No casual or inadvertent failure by Songwriter and no failure by or of any third party to accord the requisite credit herein shall be deemed a breach of this agreement.
6. Musician fully understands that Songwriter would not have employed Musician without an agreement on Musician’s part to give, grant, release and assign to it all rights of every kind in and to the work performed by Musician for Songwriter, together with all results thereof and incidental thereto.
7. Musician hereby warrants, represents, and agrees that Musician is not under any disability, restriction, or prohibition, whether contractual or otherwise with respect to Musician’s right to execute this contract, to grant the rights granted hereunder, to perform each and every term and provision required to be performed by Musician hereunder. No materials, ideas or other properties furnished by Musician and utilized by Songwriter will violate or infringe upon any common law or statutory right of any person, firm, corporation, including without limitation contractual rights, copyrights and rights of privacy and/or publicity. Musician shall hold Songwriter harmless and hereby agrees to indemnify Songwriter for all costs in connection with any breach of the above warranties and representations.
8. Musician acknowledges and agrees that nothing in this agreement shall obligate Songwriter to employ or otherwise engage Musician’s services in connection with any other recording agreement.
9. Musician acknowledges and agrees that if she provides musical equipment or other property of any nature in connection with services required hereunder, Songwriter shall not be liable for any loss or damage to such equipment or property.
10. This agreement sets forth the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings and discussions. No modification, amendment, waiver, termination or discharge of this agreement or any of its terms or provisions shall be binding upon either party if not confirmed by a written instrument signed by Songwriter and Musician.
11. Any and all disputes between the parties arising under and/or relating to this agreement shall be determined in accordance with the laws and the courts of the State of California.
IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above.
SONG(S): “TITLE # 1” "TITLE #2" etc.
X_______________________________ Date: ___________________
SIGNED NAME
SONGWRITER: _____________________________ (PRINTED NAME)
X_______________________________ Date: ___________________
SIGNED NAME
MUSICIAN: ______________________________ (PRINTED NAME)
1. Songwriter hereby engages Musician’s services and Musician hereby accepts such engagement to perform, without limitation, at rehearsal sessions and phonograph recording sessions for the purpose of creating the following master/demo recording(s): “Here’s To You” Musician agrees to diligently, competently and to the best of Musician’s ability experience and talent perform to Songwriter’s satisfaction all of the services required of Musician hereunder.
2. Conditioned upon Musician’s full and faithful performance of all the terms and provisions hereof, Songwriter shall pay Musician the sum of $ .00 per song (or total or in full) as full and complete consideration for Musician’s services hereunder. Musician acknowledges that this agreement (and your services and the services of anyone else hereunder) is not subject to any collective bargaining agreements since Songwriter is not a party to any collective bargaining agreements that might be applicable to the type of services provided herein.
3. Musician agrees that his/her performances shall be considered as works made for hire as contemplated and defined in Section 101 of the United States Copyright Act of 1976. Musician hereby grants to Songwriter all rights of every kind and nature in and to the results and proceeds of Musician’s services and performances rendered hereunder, including, without limitation, the complete, unconditional and exclusive worldwide ownership in perpetuity of any and all recordings and audiovisual reproductions embodying Musician’s performances hereunder. Songwriter shall accordingly have the sole and exclusive right to copyright any such recordings or audiovisual reproductions embodying Musician’s performances under Songwriter’s name as the sole owner and author thereof.
4. Musician hereby grants to Songwriter the worldwide right in perpetuity to use and publish and to permit others to use and publish Musician’s name, likeness, voice and other biographical material in connection with Musician’s services and performances hereunder.
5. Songwriter shall use best efforts to credit Musician as performing on the recordings herein in the event such recordings are released for sale to the public and shall place Musician’s name on Musician’s website, promotional materials, and in addition to the mp3 metadata, CD cover, sleeve, jacket or insert of the recording as part of any list of musical works. No casual or inadvertent failure by Songwriter and no failure by or of any third party to accord the requisite credit herein shall be deemed a breach of this agreement.
6. Musician fully understands that Songwriter would not have employed Musician without an agreement on Musician’s part to give, grant, release and assign to it all rights of every kind in and to the work performed by Musician for Songwriter, together with all results thereof and incidental thereto.
7. Musician hereby warrants, represents, and agrees that Musician is not under any disability, restriction, or prohibition, whether contractual or otherwise with respect to Musician’s right to execute this contract, to grant the rights granted hereunder, to perform each and every term and provision required to be performed by Musician hereunder. No materials, ideas or other properties furnished by Musician and utilized by Songwriter will violate or infringe upon any common law or statutory right of any person, firm, corporation, including without limitation contractual rights, copyrights and rights of privacy and/or publicity. Musician shall hold Songwriter harmless and hereby agrees to indemnify Songwriter for all costs in connection with any breach of the above warranties and representations.
8. Musician acknowledges and agrees that nothing in this agreement shall obligate Songwriter to employ or otherwise engage Musician’s services in connection with any other recording agreement.
9. Musician acknowledges and agrees that if she provides musical equipment or other property of any nature in connection with services required hereunder, Songwriter shall not be liable for any loss or damage to such equipment or property.
10. This agreement sets forth the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings and discussions. No modification, amendment, waiver, termination or discharge of this agreement or any of its terms or provisions shall be binding upon either party if not confirmed by a written instrument signed by Songwriter and Musician.
11. Any and all disputes between the parties arising under and/or relating to this agreement shall be determined in accordance with the laws and the courts of the State of California.
IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above.
SONG(S): “TITLE # 1” "TITLE #2" etc.
X_______________________________ Date: ___________________
SIGNED NAME
SONGWRITER: _____________________________ (PRINTED NAME)
X_______________________________ Date: ___________________
SIGNED NAME
MUSICIAN: ______________________________ (PRINTED NAME)
