WORK FOR HIRE AGREEMENT
COMPANY will pay for original stories, photographs and other work (hereafter, the "Work") upon acceptance for publication by COMPANY, in accordance with guidelines provided by your assigning editor. The amount will be full payment for the rights described below for accepted Work. The agreed-upon fee includes the cost of filing and other customary expenses incurred by you in reporting. Additional expenses or payments must be approved in advance by your editorial contact.
The Work will be a work made for hire under the U.S. copyright laws. If a court determines that this agreement does not provide for the creation of a work made for hire, then you agree to give COMPANY and its affiliated corporations and licensees exclusive publication rights of your Work for COMPANY, as well as the exclusive rights to reproduce, edit, adapt, modify, perform, transmit and otherwise use the Work, including any derivative works created therefrom, in any manner or medium throughout the world in perpetuity without additional compensation. This includes, but is not limited to, the right to reproduce and distribute the Work in electronic or optical media, or in CD-ROM, on-line or similar format.
Following your submission of the Work to COMPANY, COMPANY is willing to consider a request by you for a non-exclusive license to reproduce and/or distribute the Work to third parties. Any such request should be addressed to your editorial contact.
You warrant that the Work submitted under this agreement is your original work, of which you have sole ownership, that it has not previously been published and that its publication will not violate any copyright or other right of any third party. You agree to indemnify and hold harmless COMPANY and its affiliated corporations and licensees from any loss, claim, damages or expenses arising from your breach of this agreement, including any representations contained herein.
You agree that you are an independent contractor and that COMPANY shall not be liable for any of your acts or omissions in connection with the Work you submit under this agreement. You shall be solely responsible for the payment of any federal, state and local income, social security and/or self-employment taxes, and all necessary insurance, including worker's compensation insurance with respect to the services provided under this agreement. You further agree that this agreement does not constitute an employment contract or an offer of employment. Under no circumstances will you be included in any employee benefit plan of COMPANY and you waive any right to be so included. You also agree that your name, likeness and/or biographical information may be used by COMPANY and its affiliated corporations and licensees for advertising or promotional purposes.
Unless otherwise agreed to in a separate written agreement between you and COMPANY, all Works that you create for COMPANY will be governed by the terms of this agreement.
PLEASE SIGN AND RETURN THIS LETTER to confirm our understanding. Also, please add your social security number Federal ID at the bottom of this.
XXX Director of Photography