Does crowdSPRING provide a legal contract for your project?

You have the choice, when you post your project, to use a crowdSPRING legal contract or upload your own custom contract

If you decide to use a crowdSPRING contract, we'll take care of the details for you. At the end of every project, a custom crowdSPRING contract is generated that will safely transfer the rights to the work being purchased to you.

It is entirely customized based on your project and, among other things, it takes into consideration where the Buyer and Creative are located, what kind work is changing hands and how much was paid. From there, our system applies all the appropriate legal language and references so that both the Buyer and Creative are protected.

Before a Buyer posts their project, they'll have an opportunity to preview a copy of the contract. There are differences in the versions of the contract based on the location of the Buyer and the Creative. Below is a sample contract that assumes both the Buyer and Creative are from the United States.

Sample Independent Contractor Agreement

This Agreement is made _________________ [this is automatically added], between Buyer Name ("Buyer"), whose country of residence is [Country of Residence], and Creative ("Creative"), whose country of residence is [Country of Residence]. The parties hereby agree as follows:

1. Work. Creative agrees to provide to Buyer in Project Number ______ [this is automatically added] posted on crowdspring.com, deliverables in the following file formats: _________________ [this is automatically added] (the "Work").

2. Representations. Creative represents that, except for materials given to Creative by Buyer, Creative is the sole author of the Work and all of Creative's services are original and not copied in whole or in part from any other work; that the Work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. Creative also represents and warrants that in signing this Agreement and in providing Services to Buyer on crowdspring.com, Creative is not and will not be in violation of any other contract, agreement or understanding to which Creative is a party.

3. Payment. Buyer will pay (U.S. Dollars) for all rights in the Work ("Fee"). If there are multiple awards, Buyer will pay a Fee for each entry selected by Buyer. Creative(s) will not receive any further payment from Buyer.

4. Work-For-Hire. Creative expressly acknowledges that the material contributed by Creative under this Agreement and Creative's services, are being specially ordered and commissioned by Buyer for use in connection with ______________________ [this is automatically added]. The Work contributed by Creative shall be considered a "work-made-for-hire" as defined by the copyright laws of the United States and as protected by the Berne Convention for the Protection of Literary and Artistic Works. Buyer shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the results and proceeds of Creative's services in whatever stage of completion and Creative hereby irrevocably transfers all right and title under such works-made-for-hire to Buyer. If for any reason the results and proceeds of Creative's services hereunder are determined at any time not to be a "work made for hire", Creative hereby assigns to Buyer all rights to such Work, including but not limited to all other copyrights. Creative agrees to execute all documents reasonably requested by Buyer to further evidence the foregoing assignment and to provide all reasonable assistance to Buyer in perfecting or protecting Buyer's rights in such Work.

5. Changes/Moral Rights. Creative agrees that Buyer may make any changes or additions to the Work prepared by Creative, which Buyer in his sole discretion may consider necessary, and may engage others to do any or all of the foregoing, with or without attribution to Creative. Creative further agrees to waive any so-called moral rights in the Work.

6. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with regard to the matters set forth herein, and it supersedes all other agreements, proposals, and representations, oral or written, express or implied, with regard thereto.

Last updated: 25-Nov-10 5:23 a.m. GMT

Tags: agreement, contract, copyright, ip, work for hire

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