Unfriendly Sample Contract Clause: Photography Contract

The Photos shall be specially commissioned works made for hire pursuant to the Copyright Act. HOTEL shall own all rights in and to the Photos and all physical copies of the Photos in all media, including all digital files containing the Photos. To the extent that any or all of the Photos may be deemed ineligible for work for hire status, you hereby assign and agree to assign to HOTEL your entire right, title, and interest in those Photos, including all copyright. You agree to execute any further written assignments of copyright in the Photos that HOTEL may reasonably request. You hereby appoint HOTEL as your attorney in fact for the sole purpose of executing and recording any such assignments.

This was actually an agreement between a resort hotel seeking publicity shots and a photographer. The agreement stipulates that the work is a work-made-for-hire but a work can't be a work-for-hire unless it meets certain criteria. It is important to understand whether or not your work falls into this category before signing any contract.