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No. 31Rights & Licenses
Also called work made for hire, made for hire, WFH clause
Classifies recordings as employer-commissioned works, permanently removing the artist's right to reclaim copyright after 35 years.
High risk
If enforced, the artist permanently forfeits the right to reclaim recordings under US copyright law.
US copyright law gives artists the right to reclaim recordings after 35 years by filing a termination notice. Labels try to block this by designating recordings as 'works made for hire.' If the designation is upheld, no termination right attaches. Courts remain divided on whether sound recordings can be works for hire at all, but labels include the clause as a precaution.
The 35-year termination right exists specifically to give artists a second chance at their catalogue. A work-for-hire clause is an attempt to contract away a statutory right. For recordings made now, this will matter enormously in 2055–2060.
The same clause is drafted three ways. These are the positions we see, worst first, so you can tell at a glance which one is in front of you.
The drafting language and the negotiation moves for this clause are part of the workspace.
You have read what the clause means and where the risk sits. The rest is the side-by-side of how it reads when it is against you and when it is not, plus the specific moves that get it there.