The Fine Print
Not all Work for Hire contracts will be so strict as to allow no credit and no control. These would be hideously unpopular contracts, and very few artists with options would accept them. In the contract itself, there are plenty of opportunities to fine tune the details.
The nitty-gritty bits of a contract will lay out all kinds of details about who gets paid, how much, and when, and whether the pay is hourly, a lump sum, royalties, or some combination thereof. It will also state any requirements by either party for credit or print rights. It should also include deadlines for both parties, and any penalties that might be incurred for not meeting them. Only specifics that are not touched on in the contract will default to the strict meaning of the general Work for Hire terms.
A kill fee is a common enough staple in Work for Hire contracts that it deserves a mention. This item is for cases when, despite good intentions on both sides, a project does not go through, but a part or the whole of the work has been completed. The contracted party deserves partial compensation, and will receive it through a specified ‘kill fee,’ often a low percentage of the original amount agreed upon.
For more details about contract terms, please see this article: http://www.ellenmilliongraphics.com/ellen/archives/00000027.html
Other Common Questions
Can a contract be Work for Hire if they pay nothing in advance?
Sure. Just about any contract can be a Work for Hire contract, as long as it says specifically that it is. Payment details should be spelled out in any contract that you sign.
Should Work for Hire be avoided at all possible costs?
Not necessarily, but do read the contract carefully. If the pay is worth the complete release of copyrights, or if the contract allows some key rights to be retained, then by all means, these can be lucrative, worthwhile contracts to enter into.
Does signing a Work for Hire contract mean I’ve sold my soul?
No. They do not own any spiritual or non-corporeal part of you. They don’t even own any body parts. Moreover, they do not own any of the body of your work, other than that done under their contract.
Where can I find out more about Work for Hire?
http://www.copyright.gov is a fine place to start. I would also recommend “Graphic Artists Guild Handbook of Pricing and Ethical Guidelines,” an excellent book on the subject. If you are an artist, and do not have this book, go sit in the corner and look guilty. You can buy a used edition for less than the cost of a good paintbrush, and it will be worth much more.
Are you a lawyer?
No. I am much poorer than a lawyer. If you are in need of legal advice, you should consult an attorney. Bring money.
Article by Ellen Million
