The Work Made For Hire Contract is essential for businesses and organizations in Malaysia seeking to engage contractors, freelancers, or creative professionals while ensuring clear ownership of intellectual property. This document is particularly crucial in situations where original works, software, designs, or other creative/technical outputs are being created by an individual or entity for another party. The contract complies with Malaysian legislation, including the Employment Act 1955, Copyright Act 1987, and Contracts Act 1950, and includes provisions for work scope, compensation, IP rights transfer, confidentiality, and termination. It's commonly used in technology, creative industries, and consulting sectors where intellectual property creation is a key deliverable. The agreement protects both parties by clearly defining expectations, deliverables, and ownership rights while ensuring compliance with local laws and regulations.
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1. Parties: Identifies and provides details of the employer and the creator/worker
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Work: Detailed description of the work to be created or services to be provided
5. Work Made for Hire: Explicitly establishes the work-for-hire relationship and ownership of intellectual property
6. Compensation: Details of payment terms, amounts, and schedule
7. Delivery and Acceptance: Timeline and process for submitting and accepting the work
8. Intellectual Property Rights: Comprehensive provisions regarding ownership and transfer of IP rights
9. Confidentiality: Obligations regarding confidential information
10. Warranties and Representations: Guarantees about the work and capabilities
11. Term and Termination: Duration of the agreement and termination provisions
12. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Non-Competition: Restrictions on competing activities - include when protecting business interests is crucial
2. Non-Solicitation: Restrictions on soliciting clients or employees - include for sensitive roles
3. Equipment and Resources: Details of any equipment or resources provided - include when employer provides tools
4. Moral Rights: Waiver or assertion of moral rights - include for creative works
5. Insurance: Insurance requirements - include for high-risk work or when required by law
6. Background IP: Treatment of pre-existing IP - include when creator uses existing works
7. Revisions and Modifications: Process for requesting and implementing changes - include for creative or technical works
1. Schedule A - Scope of Work: Detailed specifications of the work to be created
2. Schedule B - Payment Schedule: Detailed breakdown of payment amounts, milestones, and terms
3. Schedule C - Delivery Schedule: Timeline for deliverables and milestones
4. Schedule D - Specifications: Technical or creative specifications for the work
5. Appendix 1 - Background IP: List of any pre-existing IP being used in the work
6. Appendix 2 - Required Tools and Resources: List of equipment, software, or resources to be used
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