IP assignment under Brazilian law
To own what your Brazilian contractor creates, the contract must assign intellectual property the way Brazilian law requires. US-style 'work made for hire' language often does not transfer rights in Brazil. A Brazil-valid agreement assigns the economic (patrimonial) rights explicitly so the work product becomes your company's.
Why US IP clauses can fail in Brazil
Brazil's copyright and IP framework distinguishes moral rights (which stay with the author) from patrimonial rights (the economic rights, which can be assigned). A US 'work for hire' clause assumes a doctrine that doesn't map cleanly to Brazilian law, so it can leave ownership ambiguous or unassigned.
What a Brazil-valid assignment does
A proper Brazilian assignment transfers the patrimonial rights to the commissioning company explicitly and in scope — covering software, designs, and other deliverables — while acknowledging the author's inalienable moral rights. Specificity matters: vague or implied assignments are weaker.
Get it right at signing
IP ownership is easiest to secure at the start, in the engagement contract, rather than reconstructed later. The assignment should sit inside the same Brazil-valid independent contractor agreement that governs the rest of the relationship.
How HireInBrazil helps
HireInBrazil's Brazil-valid independent contractor agreement includes a patrimonial-rights assignment (plus an NDA), so the work your contractor produces transfers to your company under Brazilian law — signed electronically as part of onboarding.
Common questions
- Do I own what my Brazilian contractor builds?
- Only if the contract assigns it correctly under Brazilian law. A Brazil-valid agreement assigns the patrimonial (economic) rights explicitly; US 'work for hire' wording alone often doesn't transfer ownership in Brazil.
- What are patrimonial vs moral rights?
- Patrimonial rights are the economic rights to a work and can be assigned to your company. Moral rights (such as authorship attribution) are inalienable and remain with the creator under Brazilian law.
This is general information, not legal or tax advice.