Legal Question in Intellectual Property in California
I am interested in starting my own company, and I will need to hire someone to create basic sketches for web pages and characters. I am looking to commission an artist, but I don't know all of the agreements that I need to have in place in order to ensure protection for me and my future company. My company is in the very early stages, and nothing has been set up for it yet. I am simply looking to hire a freelance artist to create ideas for what the site might look like.
The forms I assume I'll need are a Non-Disclosure Agreement, and an agreement that says that I have the rights to anything that the artist is hired to create. Are there any other documents that I would need? Do I need to draft a form regarding payment, or is a verbal agreement good enough for now (I would probably pay half up front, and the other half upon completion of the work). For the NDA and release form, can you refer me to a template or example so that I can draft one specific to my company?
Thanks!
4 Answers from Attorneys
If there is nothing on LawGuru's forms selection that works, check Nolo Press for self-help books on copyrights and for-hire creative work. In addition to nondisclosure, consider the extent to which you can legally get a non-compete agreement. If still in doubt, hire a lawyer to at least coach you, as many things will come up in addition to the ones you mention here, such as incorporation, licenses, etc.
You need a comprehensive Independent Contractor Agreement. Never rely on a verbal agreement and if you are serious about your business you will avoid using templates from the internet, unless you have an attorney review it so that it fits your situation.
As a Franchise Attorney I entirely agree about the comments on templates. You would be crazy to use form templates. You need documents that are customized to your individual situation. And paying 50% upfront to the designer is another bad idea. These people have a history of taking the money and running. Pay no more than 10% to 15% up front, with progress payments at various stages, and a final payment at the end. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
The problem with form agreements (even the ones on this site) is that they don't really apply to any particular situation, and each transaction is different. Yes, you DO need a written agreement to own the rights to the work--in the United States, copyright belongs to the person who creates the work, unless it is transferred in writing.
You should speak to a qualified attorney who understands intellectual property law and business law to help you through the process of setting up your business and making sure you are protected. If you are starting up a new business, you need to budget for legal expenses just as you budget for other things such as web design.
Feel free to contact me if you would like customized help.
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