Immediate / work-for-hire IP assignment clauses, explained
Broad language assigning everything you create, sometimes including things you made before the engagement or that you reuse across clients. 'Work made for hire' plus a catch-all assignment can sweep in your templates, libraries, and methods.
Market standard
The client owns the specific custom deliverables. The freelancer keeps ownership of pre-existing materials, general skills, know-how, and reusable tools, and grants the client a license to use them as embedded in the deliverables.
Red flags
- Assignment of 'all intellectual property conceived during the term', not limited to the deliverables
- No carve-out for pre-existing IP or background tools
- Assignment of 'derivatives and improvements' to the freelancer's own tools
- Moral rights waiver with no portfolio carve-out
Suggested wording
The assignment in Section X applies only to the Deliverables. It excludes the Provider's Pre-Existing Materials, tools, libraries, and know-how, which the Provider retains and licenses to the Client on a perpetual, non-exclusive basis to the extent embedded in the Deliverables.
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Review my contractIs this normal in…
- Immediate / work-for-hire IP assignment in a design services agreement?
- Immediate / work-for-hire IP assignment in a software / web development agreement?
- Immediate / work-for-hire IP assignment in a copywriting & content agreement?
- Immediate / work-for-hire IP assignment in a video production agreement?
- Immediate / work-for-hire IP assignment in a consulting agreement?
- Immediate / work-for-hire IP assignment in a master services agreement (msa)?
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