If you are in the business of providing goods or services to a client under a long term agreement, it is important to know what qualifies as a “work” under that agreement. This is especially important if your agreement includes provisions on intellectual property rights, ownership, and/or royalties.

Qualifying works under a long term agreement can vary depending on the nature of the agreement and the type of work being provided. However, here are some general guidelines to help you determine what qualifies as a work under a long term agreement:

1. Works that are specifically defined in the agreement: Typically, long term agreements will specify what types of works qualify under the agreement. This could include things like software code, graphic design, written content, and more.

2. Works that are created specifically for the client: If you are creating something specifically for the client under the agreement, it is likely that it will qualify as a work. This could include custom software, a custom marketing campaign, or even a custom piece of artwork.

3. Works that are derivative of existing works: If you are creating works that are based on existing works, such as adaptations, translations, or even compilations, they may also qualify as a work under the agreement. However, it is important to review the agreement carefully to determine if there are any specific provisions regarding derivative works.

4. Works that are subject to intellectual property rights: If the agreement includes provisions on intellectual property rights, ownership, or royalties, it is likely that any work that falls under those provisions will qualify as a work under the agreement. This could include things like patents, trademarks, copyrights, or even trade secrets.

It is important to remember that the definition of a work can be subjective and can vary based on the specific agreement and the industry in which you are working. If you are unsure about whether a particular work qualifies under your long term agreement, it is best to consult with legal counsel or seek guidance from the client.

In summary, understanding what qualifies as a work under a long term agreement can be critical in ensuring that you protect your intellectual property and get compensated fairly for your services. By reviewing your agreement carefully and seeking guidance when necessary, you can avoid potential disputes and ensure that your long term relationship with your client is a successful one.