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The Freelance Designer Agreement is more likely to be used in the case of commissioned work, particularly with designs protected by copyright. This is because the position with copyright is that the author/creator of the work automatically owns the intellectual property rights, not someone who has commissioned the work.
However, there are also certain circumstances in which an agreement concerning who is to own the intellectual property rights can be implied. 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 is intended to own the intellectual property rights in the future.
NOTE: A glossary of legal terms is available on the ACID website or by emailing help@acid.uk.com. It is strongly recommended that before using any of the above reusable agreements you call the ACID legal hotline for advice.
Need help? View the ACID video explanation*
*this information is for guidance only and does not provide a complete statement of the present law and you should always seek specialist legal advice in respect of your own particular circumstances
Ref. Code: 000215
Ref. Code: 000285
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