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£45.00
The ACID Freelance Designer Agreement is to be used when commissioning a design from an independent designer who is not an employee. It is the author/creator of the work who automatically owns the intellectual property rights in the work, not someone who has commissioned the work, so it is important to obtain an assignment of the creator’s IP rights.
It is therefore always advisable in a commission situation to obtain a written assignment of the intellectual property rights from the designer in order to ensure that there is no dispute about who was intended to own the intellectual property rights later on.
The Freelance Designer Agreement also takes into account the possibility of further designs being created by the freelance designer at a later date which are also intended to be owned by the commissioner of the designs. The Freelance Designer Agreement should therefore be used wherever there is an ongoing relationship between the parties. The Freelance Designer Agreement is also an assignment for £1. It should not be altered to the commission fee agreed between the parties without appropriate legal advice.
Representations of any existing design or designs being sold should be attached in the schedule at the end of the agreement and the schedule should be updated whenever any further designs are created.
Below is an example of how the agreement could be used. This does not cover every situation but gives an idea of how it works in a practical business situation. Additional clauses can always be added, or existing clauses adjusted for your personal use, by a specialist Intellectual Property lawyer.
When would you use it?
If you ask someone to produce a design for you who is independent and not directly employed by you.
With Whom?
A freelance designer.
Why?
To ensure you own all the rights.
This agreement is a reusable legal document template which you can alter to include names, dates, addresses etc. There may be some clauses which need to be amended or deleted as they do not apply to your circumstances. This is because the document is designed as a general document to cover most commercial situations and therefore certain wording may not be appropriate, or suitable, for all situations.
As this agreement has not been drafted specifically for your circumstances, it is strongly advised, once you have made the appropriate changes to meet your business requirements, that you check it with your solicitor or with an ACID Accredited lawyer before using it, in order to ensure that the document suits your particular circumstances. No liability is accepted by ACID or any ACID Accredited Law Firm.
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