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I'm with Britt. Definitely make it official. 

I typically take the same approach as the more nefarious companies do, when they say "this isn't work for hire" and then say that you grant them all of the rights that would be granted under a work for hire relationship. What I mean is, when companies insist on work for hire, I say it's fine, but in turn they grant me a perpetual, fully-paid license to reuse and re-sell the work or its parts in any way I see fit. The way I figure it, the door swings both ways. Generally, they only want work for hire because it's a simple way to not worry about rights or royalties down the line.  Knowing that this is what is important to them, I always make sure their concerns are put to rest, and that I'm covered as well. Additionally, NO rights of any kind are delivered until they pay in full.

On Thu, Jul 18, 2013 at 1:08 PM, Britt Griswold <[log in to unmask]> wrote:
If it is not in the contract, there is no piece of mind.

They may fully intend to honor their word, but the next owner of the company may not. The new owner did not promise you those things, see- it is not in the contract.

If you are OK with the Work-for-hire, maybe you should send him a completely separate contract of your own that they must sign - giving you the rights they are granting you by email note. Then you sign their work for hire.  I think that might be the most productive way to proceed.  This may take the form of a letter with the wording from the emails, modified as needed. They sign - send it back to you. You sign work for hire - send it back to them. Now work can start.

Britt Griswold
Manager, http://www.science-art.com
bgriswold_at_science-art.com

----- Original Message -----
From: Laura K. Jordan [mailto:[log in to unmask]]
To: [log in to unmask]
Sent: Thu, 18 Jul 2013 09:52:45 -0700
Subject: [SCIART] Further contract question

Hello again,

The company I am providing illustrations for is insisting on a 'work
for hire' contract even though they have agreed that I can maintain
ownership of individual drawings that make up the figures I provide
them with, use the full figures for my portfolio/website, and for my
personal educational purposes (I also teach on the same subjects), and
that they won't re-sell the images or allow reuse by a third party.
They have agreed to all of these things via email.  I asked them to
send a contract with these terms clearly stated and they sent a
standard work for hire contract with no language about any of these
items.

My questions are 1: Can including these terms in the contract actually
give me these rights even though they seem to contradict what 'work
for hire' typically means?

2: He says I have the emails for peace of mind, are the emails enough
or should I keep pushing for the language to be written into the
contract?

Thank you very much!  This is a steep learning curve for me,
especially under time pressure!
Laura K. Jordan, PhD

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--
Cameron Slayden, M.S.
CEO,  Creative Director
Medical and Scientific Animation
Cosmocyte, Inc.
8600 Foundry street, Box 2051
Savage, MD 20763
phone: (202) 747-6337
fax: (202) 747-6545
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