Work Made For Hire Contract Template for Austria

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Work Made For Hire Contract

"I need a Work Made For Hire Contract under Austrian law for hiring a senior software developer who will be creating proprietary software applications for my tech company, with specific provisions for remote work and protection of source code."

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What is a Work Made For Hire Contract?

The Work Made For Hire Contract is essential for Austrian companies engaging employees specifically for creating intellectual property, creative works, or technical developments. This document type is particularly crucial in situations where clear ownership of created works needs to be established from the outset of employment. The contract must comply with Austrian labor law requirements while adequately addressing intellectual property rights transfer under Austrian copyright law. It's commonly used in technology companies, creative agencies, and research institutions where employees are hired to develop specific works, innovations, or creative content. The agreement includes comprehensive terms covering employment conditions, work specifications, delivery requirements, and compensation, while ensuring all intellectual property created during employment is properly assigned to the employer. This document type is distinct from standard employment contracts due to its specific focus on work creation and rights transfer.

What sections should be included in a Work Made For Hire Contract?

1. Parties: Identification of the employer and the creator/employee with full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement, including 'Work,' 'Intellectual Property Rights,' and other relevant definitions

4. Scope of Employment: Detailed description of the employee's role, responsibilities, and reporting structure

5. Work Description: Specific details about the works to be created under the agreement

6. Ownership of Rights: Clear statement of transfer of all intellectual property rights to the employer

7. Creation and Delivery: Timelines, milestones, and delivery requirements for the work

8. Compensation: Salary, payment terms, and any additional benefits

9. Term and Working Hours: Duration of employment and specified working hours

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Employee Obligations: General duties, professional conduct, and compliance requirements

12. Employer Obligations: Employer's responsibilities including workspace, tools, and support

13. Termination: Conditions and procedures for ending the employment relationship

14. Governing Law: Specification of Austrian law as governing law and jurisdiction

What sections are optional to include in a Work Made For Hire Contract?

1. Non-Competition: Restrictions on working for competitors, used when protecting business interests is crucial

2. Training and Development: Provisions for professional development, used when offering specific training programs

3. Remote Work Provisions: Specific terms for remote working arrangements, if applicable

4. Project-Specific Terms: Additional terms for specific projects or works, used for specialized roles

5. Benefits and Insurance: Details of additional benefits packages, used for full-time permanent positions

6. Equipment and Resources: Provisions regarding company-provided equipment, used when significant resources are provided

7. Moral Rights: Specific handling of moral rights under Austrian copyright law, used for creative works

8. International Work: Provisions for international projects or travel, used when work involves multiple jurisdictions

What schedules should be included in a Work Made For Hire Contract?

1. Schedule A - Work Specification: Detailed description of works to be created, including technical specifications and requirements

2. Schedule B - Compensation Details: Detailed breakdown of salary, bonuses, and other financial terms

3. Schedule C - Company Policies: Relevant company policies and procedures applicable to the employment

4. Schedule D - Approved Third-Party Materials: List of pre-approved third-party materials that may be incorporated into the works

5. Appendix 1 - Required Tools and Equipment: List of tools, software, and equipment to be used in creating the works

6. Appendix 2 - Delivery Schedule: Detailed timeline for creation and delivery of works

7. Appendix 3 - Reporting Templates: Standard forms for progress reporting and work documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
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Relevant Industries

Technology

Media and Entertainment

Advertising and Marketing

Software Development

Publishing

Design and Architecture

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Relevant Teams

Human Resources

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Technical Writing

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Intellectual Property

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Relevant Roles

Software Developer

Graphic Designer

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Technical Author

UI/UX Designer

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Illustrator

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Industrial Designer

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Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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