The ACID Freelance Designer Agreement is more likely to be used in the case of a commissioned work, particularly with designs protected by copyright. This is because the position in copyright is that the author/creator of the work automatically owns the intellectual property rights in the work, not someone who has commissioned the work. However, there are also certain circumstances in which an agreement about 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 was intended to own the intellectual property rights later on.
The Freelance Designer Agreement also takes into account the possibility of further designs being created by the freelance designer at a later date which are also intended to be owned by the commissioner of the designs. The Freelance Designer Agreement should therefore be used wherever there is an ongoing relationship between the parties. The Freelance Designer Agreement is also an assignment for £1. It should not be altered to the commission fee agreed between the parties without appropriate legal advice.
Representations of the design or designs being sold should be attached in the schedule at the end of the agreement and the schedule should be updated whenever any further designs are created.
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