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Intellectual Property Rights

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_Will_
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Joined: 16 Jan 2006
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PostPosted: 20:55 - 10 May 2013    Post subject: Intellectual Property Rights Reply with quote
Ok a long story short I have moved from employee to 'consultant' for a firm, I am reading through a lengthy consultancy contract and would like to know where I stand.

In the section for IP rights they state all IP rights remain with the company - as the creator where do I stand on this regarding the work (as in if I sign a contract stating they hold the rights do I retain any creators copyright or will that give away any rights what-so-ever to the company and leave me a stiff kipper?)
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james1988
World Chat Champion



Joined: 06 May 2010
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PostPosted: 21:02 - 10 May 2013    Post subject: Re: Intellectual Property Rights Reply with quote
_Will_ wrote:
Ok a long story short I have moved from employee to 'consultant' for a firm, I am reading through a lengthy consultancy contract and would like to know where I stand.

In the section for IP rights they state all IP rights remain with the company - as the creator where do I stand on this regarding the work (as in if I sign a contract stating they hold the rights do I retain any creators copyright or will that give away any rights what-so-ever to the company and leave me a stiff kipper?)


From personal experience, you'll relinquish any rights to the work. In my contract it effectively says "your thoughts and ideas are the companies thoughts and ideas". My company gives you the copyright as a bonus if it really makes them money. Rolling Eyes
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mickie
Renault 5 Driver



Joined: 19 Dec 2009
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PostPosted: 21:05 - 10 May 2013    Post subject: Reply with quote
surely if they are paying you for the work, a contract exists that the work belongs to them.
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_Will_
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Joined: 16 Jan 2006
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PostPosted: 21:20 - 10 May 2013    Post subject: Reply with quote
I think I am going to request that something is put in that states I can still use any works for representation purposes (ie portfolio, displaying work created)
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|| 1999 Cbr1100xx Blackbird || ||| 2000 Kawasaki Zx12R ||| (|2009 Street Triple R |) // 2004 Honda Hornet Streetfighter \\|=| 2000 BMW R1100S |=| ------ My Bikepics page ------
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james1988
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Joined: 06 May 2010
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PostPosted: 21:29 - 10 May 2013    Post subject: Reply with quote
_Will_ wrote:
I think I am going to request that something is put in that states I can still use any works for representation purposes (ie portfolio, displaying work created)


It basically boils to as long as you're not giving away 'how' they do something you should be go to go. The outcome is fine but not the internals or you could sanitise it I suppose.
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ScaredyCat
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Joined: 19 May 2012
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PostPosted: 22:15 - 10 May 2013    Post subject: Re: Intellectual Property Rights Reply with quote
_Will_ wrote:

In the section for IP rights they state all IP rights remain with the company - as the creator where do I stand on this regarding the work (as in if I sign a contract stating they hold the rights do I retain any creators copyright or will that give away any rights what-so-ever to the company and leave me a stiff kipper?)


You want to make sure there's a 'Cure for cancer' clause - ie if you create something that's unrelated to your work then you retain all rights to it.

In other words, if it's relavant to your work there, you'll let them have it. If not, you keep it.

Andy
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Rogerborg
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Joined: 26 Oct 2010
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PostPosted: 11:39 - 11 May 2013    Post subject: Reply with quote
_Will_ wrote:
I think I am going to request that something is put in that states I can still use any works for representation purposes (ie portfolio, displaying work created)

Good plan.

ScaredyCat does have a point, I've been given contracts to sign where an employer really did try to claim rights to anything that I create, whether it was on my time or theirs Shocked . Ending with a clause saying that I agree that the other clauses are reasonable. Rolling Eyes

I've yet to sign anything so ridiculous, and I'd suggest that if push comes to shove, you stall on it as well until they get tired of bugging you about it, and just do work, get money.
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_Will_
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Joined: 16 Jan 2006
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PostPosted: 22:24 - 11 May 2013    Post subject: Reply with quote
Clause accepted and added, it was discussed from the very beginning that I would be able to use any work in that capacity - he didn't realise his contract solicitors wording had effectively blocked me from doing so.
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Past -Honda qr50 | 2004 Peugeot Tkr s 50| | 1996 Yamaha XJ600s Diversion|| 2005|Kawasaki Z750s | | 2006 Yamaha FZ6 Fazer |
|| 1999 Cbr1100xx Blackbird || ||| 2000 Kawasaki Zx12R ||| (|2009 Street Triple R |) // 2004 Honda Hornet Streetfighter \\|=| 2000 BMW R1100S |=| ------ My Bikepics page ------
Suffering Bike Withdrawal.
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