Composer Agreement
(Work for Hire)

Summary

This work made for hire agreement is for use by a producer who is commissioning original music from a composer for an independent motion picture. The producer will be the owner of all rights in and to the work. This template contains practical guidance, drafting notes, and optional clauses. Under the 1976 Copyright Act, a work for hire arrangement is either 1) a work made by an employee in the scope of that employee's employment or 2) a work made by an independent contractor that is commissioned in advance, in writing, and in connection with only nine different types of works. These nine statutory categories include a contribution to "a motion picture or other audiovisual work." 17 U.S.C. § 101. It is therefore critical to recite in this agreement that the score is commissioned in connection with a motion picture in order to qualify as a work for hire. An argument has been made that a work for hire in a sound recording can be commissioned for a compilation or collective work, but no court cases have confirmed any interpretation that a sound recording created by an independent contractor can be deemed a work for hire. For related content, see Works Made for Hire, Music Contracts, and Nimmer on Copyright § 5.03. See also Music Licensing Chart