The single most important clause that should be included in any Employee or Contractor Agreement is the Ownership of Work Product.
Did you know that pursuant to US laws, all work (intellectual property) created by a contractor on behalf of a business is owned by the contractor absent a written agreement transferring ownership to the company/client?
Imagine paying an assistant, copywriter or graphic designer to create a program, sales page or logo to later learn the work in fact belongs to them.
The work is of no value to you if you do not own the exclusive rights to it.
Conversely, if you are a contractor that provides services to a business that results in the creation of a body of work, it is equally important to include an Ownership of Work Product clause in a written agreement that carves out a reasonable right to your limited use of the work (for instance in advertising/marketing materials).
With regard to employees, the employer does automatically own the copyright of all work created on behalf of the business; however, the employee maintains patent rights his/her ideas.
Do not overlook this critical clause in your Employee and Contractor Agreements.
Still have questions? Feel free to contact me here.