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Work Made For Hire Contract Template for Australia

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Key Requirements PROMPT example:

Work Made For Hire Contract

"I need a Work Made For Hire Contract for engaging a software developer as an independent contractor to create a custom CRM system, with the project starting March 2025 and running for 6 months; must include strong IP protection clauses and source code ownership provisions."

Document background
The Work Made For Hire Contract serves as a critical legal instrument in Australian business relationships where intellectual property creation is involved. While Australia doesn't directly mirror the US "work made for hire" doctrine, this contract type achieves similar objectives through careful drafting aligned with Australian law. It's essential for businesses engaging independent contractors, freelancers, or service providers to create intellectual property, software, creative works, or other valuable deliverables. The agreement explicitly addresses IP rights transfer, defines the scope of services, establishes payment terms, and clarifies the independent contractor relationship while ensuring compliance with Australian legislation including the Copyright Act 1968, Fair Work Act 2009, and Independent Contractors Act 2006.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties (the hiring entity and the contractor/creator)

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Detailed description of the work to be performed, deliverables, and standards

5. Term and Timing: Duration of the agreement and any key milestones or deadlines

6. Payment Terms: Compensation, payment schedule, expenses, and invoicing requirements

7. Intellectual Property Rights: Assignment of IP rights, including copyright, patents, and moral rights

8. Confidentiality: Protection of confidential information and trade secrets

9. Warranties and Representations: Promises made by both parties regarding capacity, quality, and originality of work

10. Relationship of Parties: Clarifies the independent contractor relationship and disclaims employment relationship

11. Termination: Circumstances under which the agreement can be terminated and the consequences

12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on working with competitors - include when protecting market position is crucial

2. Non-Solicitation: Prevents poaching of clients/employees - include for sensitive business relationships

3. Insurance: Insurance requirements - include when work involves significant risks or valuable deliverables

4. Work Health and Safety: Specific WHS obligations - include when work involves physical presence or safety risks

5. Performance Reviews: Process for reviewing work quality - include for long-term or complex projects

6. Moral Rights: Specific handling of moral rights - include for creative works where attribution is important

7. Background IP: Treatment of pre-existing IP - include when contractor brings significant IP to the project

8. Subcontracting: Rules about using subcontractors - include when subcontracting might be necessary

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and acceptance criteria

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and expense policies

3. Schedule 3 - Project Timeline: Detailed project schedule, milestones, and delivery dates

4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors if applicable

5. Appendix A - Required Insurances: Specific insurance requirements and coverage levels

6. Appendix B - Service Levels: Performance standards and quality metrics

7. Appendix C - Background IP: List of pre-existing intellectual property brought to the project

8. Appendix D - Compliance Requirements: Specific regulatory or industry compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses




































Relevant Industries

Technology

Media and Entertainment

Creative Industries

Professional Services

Software Development

Digital Marketing

Publishing

Advertising

Design and Architecture

Engineering

Research and Development

Consulting

Education and Training

Gaming Industry

Relevant Teams

Legal

Human Resources

Procurement

Operations

Project Management

Creative Services

Software Development

Research & Development

Compliance

Intellectual Property

Contract Administration

Risk Management

Relevant Roles

Legal Counsel

Contract Manager

HR Manager

Project Manager

Creative Director

Software Development Manager

Procurement Manager

Operations Manager

Business Development Manager

Chief Technology Officer

Chief Creative Officer

Talent Acquisition Manager

Intellectual Property Manager

Compliance Officer

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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