Work Made For Hire Contract for Hong Kong

Work Made For Hire Contract Template for Hong Kong

A Work Made For Hire Contract under Hong Kong law is a comprehensive legal agreement that establishes the terms and conditions under which a party (contractor or employee) creates work product for a commissioning party (employer), with explicit provisions for the transfer of intellectual property rights. The document complies with Hong Kong's Employment Ordinance and Copyright Ordinance, ensuring clear ownership of created works while addressing compensation, confidentiality, and specific deliverables. It includes provisions for both employment relationships and independent contractor arrangements, with particular attention to Hong Kong's intellectual property rights framework and employment regulations.

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What is a Work Made For Hire Contract?

The Work Made For Hire Contract is essential for businesses and organizations operating in Hong Kong who commission or employ individuals to create intellectual property, content, or other work products. This agreement is specifically designed to comply with Hong Kong's legal framework, including the Employment Ordinance (Cap. 57) and Copyright Ordinance (Cap. 528). It clearly establishes the ownership rights of work created during employment or contracted services, ensuring that all intellectual property automatically transfers to the commissioning party. The document is particularly crucial in today's digital economy where intellectual property creation is increasingly common across various industries. The Work Made For Hire Contract provides comprehensive protection for both parties by clearly defining the scope of work, compensation terms, confidentiality obligations, and ownership rights, while ensuring compliance with Hong Kong's employment and intellectual property laws.

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

1. Parties: Identification of the employer and the hired party, including full legal names and addresses

2. Background: Context of the agreement and general purpose of the work-for-hire arrangement

3. Definitions: Key terms used throughout the agreement, including 'Work Product', 'Intellectual Property Rights', and 'Confidential Information'

4. Scope of Work: Detailed description of the services or work to be performed

5. Work Product Ownership: Clear statement of employer's ownership of all work product and associated intellectual property rights

6. Assignment of Rights: Explicit assignment of all intellectual property rights to the employer

7. Compensation: Payment terms, amounts, and schedule

8. Term and Termination: Duration of the agreement and conditions for termination

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Warranties and Representations: Guarantees regarding originality of work and authority to enter agreement

11. Independent Contractor Status: Clear statement of employment relationship status

12. Governing Law: Specification of Hong Kong law as governing law

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

1. Non-Competition: Restrictions on competing activities, include when there's risk of competition

2. Non-Solicitation: Restrictions on soliciting clients or employees, include for senior roles

3. Moral Rights Waiver: Waiver of moral rights in work product, include for creative works

4. Insurance: Insurance requirements, include for high-risk work

5. Dispute Resolution: Specific dispute resolution procedures, include for high-value contracts

6. Force Majeure: Provisions for unforeseen circumstances, include for long-term arrangements

7. Data Protection: Specific data handling requirements, include when personal data is involved

8. Equipment and Resources: Provisions regarding tools and resources, include when specific equipment is needed

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

1. Schedule A - Scope of Work Details: Detailed specifications of the work to be performed

2. Schedule B - Compensation Details: Detailed payment terms, rates, and payment schedule

3. Schedule C - Deliverables Timeline: Specific deadlines and milestones for work product delivery

4. Schedule D - Intellectual Property List: Specific list of intellectual property to be created/transferred

5. Appendix 1 - Required Qualifications: List of required qualifications or certifications

6. Appendix 2 - Confidential Information: Detailed description of confidential information covered

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Offer Letter

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Media & Entertainment

Creative Services

Software Development

Consulting

Digital Marketing

Publishing

Advertising

Research & Development

Professional Services

Education

Gaming Industry

Industrial Design

Engineering Services

Relevant Teams

Legal

Human Resources

Project Management

Research and Development

Creative Services

Software Development

Content Creation

Design

Innovation

Intellectual Property

Contracts Administration

Relevant Roles

Chief Legal Officer

Legal Counsel

HR Director

HR Manager

Talent Acquisition Manager

Project Manager

Creative Director

Software Development Manager

Content Manager

Research Director

Design Manager

Technical Lead

Innovation Manager

Intellectual Property Manager

Contracts Administrator

Industries
Teams

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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