Web Template Ownership

[mitehasy]

Hello,

I want to post a new project on Freelancer.com. The project would be a web design project (a Photoshop web design). After the project has been completed, I want to have all the right to the web design (I want to be the full owner of the web design), so I can sell the design as my own (I want to sell the design on let's say TemplateMonster and/or ThemeForest).

I've consulted the staff at Freelancer.com and they said, that I should get legal assistance. They also said, that the best way to do this is to make a contract (an agreement) between me and the freelancer (the one who creates the design).

This is where I need help. I need help with the writing of the contract.

 

[Michael Wechsler]

If you need the assistance of an attorney (which is recommended if this is an ongoing project of significant value), just let us know by taking out a case review.

If you want general answers to your question, I'll give you some insight. When I draft these agreements, I'll usually include a clause that states that the work is a "work made for hire" and that all copyrights and intellectual property rights are transferred upon full payment. Many agreements have that magic language when IP rights are transferred to the party that commissioned an artist.

As a result of having the rights, you can then choose to license them out on template sites like the ones you mention and which I am most familiar with. Great stuff happening there. But you will also want to give great thought to the license you want to provide on those sites too. If I recall, ThemeForest allows template owners more flexibility in licensing schemes. Best of luck and give our site a discount on any themes we might be interested in.