Writer Work Made for Hire Deal Memo

Updated: Nov. 1, 2025

1. What is it?

A Screenwriter Work Made for Hire Agreement is a legal contract in which a writer is hired by a producer or production company to create a screenplay, treatment, or other written material, with the express understanding that the commissioning party—not the writer—will be considered the legal author and owner of the work. This agreement ensures that the screenplay is classified as a “work made for hire” under U.S. Copyright Law (17 U.S. Code § 101), transferring all rights, including copyright, to the hiring party from the moment of creation. It protects the producer’s ability to develop, sell, finance, or adapt the work without needing further permission or compensation obligations to the writer, beyond what is set forth in the agreement.

A deal memo is a short version of the long form agreement. This is usually executed early to establish basic terms and the more detailed long form follows after.

Non-loanout means the director is contracting themselves as an individual and not through their "loanout" company.

2. Who is it for?

This agreement is essential for anyone hiring a screenwriter to create material they intend to own and control outright. It is also important for screenwriters who are accepting commissioned assignments and understand they will not retain any ownership of the resulting script.

Common users of this agreement include:

• Independent film producers

• Production companies

• Studios and mini-majors

• Directors hiring writers for passion projects

• IP owners (authors, brands) adapting existing material

• Investors or financiers commissioning scripts

• Legal representatives formalizing writer deals

3. What does it include?

The agreement outlines the terms under which the screenwriter is engaged, how they’ll be paid, the scope of the work, delivery timeline, and crucially, the transfer of all rights to the hiring party. It often includes warranties and indemnities from the writer, and addresses revisions, credits, and whether the writer will participate in future rewrites or sequels. Its key purpose is to clearly assign copyright ownership while detailing each party’s obligations and expectations.

Key Terms and Sections Typically Include:

• Parties (Producer/Company and Writer names and addresses)

• Engagement (confirmation of “work made for hire” status)

• Scope of Work (script, treatment, outlines, rewrites, polish, etc.)

• Compensation (flat fee, installments, bonuses)

• Delivery Schedule (dates for each draft or step)

• Credit (how the writer will be credited, if at all)

• Rights Granted (exclusive ownership, all media, worldwide, in perpetuity)

• Revisions and Consultation (whether further work is required)

• Warranties and Representations (originality, non-infringement, etc.)

• Indemnification (protection against legal claims)

• Confidentiality (non-disclosure of project content)

• Termination (grounds and consequences of ending the agreement)

• Miscellaneous Provisions (governing law, arbitration, entire agreement clause)

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