Unreasonable IP clauses in agent contract

[Funkywood]

I can't say I've had a clean PCG standard stye contract from an agent but the latest one I've got is practically asking to give away my soul and rights to any thought I have during the contract in perpetuity.

I want to get it ammended to fit the 'deliverables' terms of the PCG template. I'll already have to have a wall between things so I'm not seen to be conflicted with other clients and plan B, which could be perceived to have benefited from ideas I have while on this assignment.

Is this likely to be a nightmare? How much do agents really care about this? The client seemed easy about it and just needs the job done.

[northernladuk]

If you can find an agent that can even spell intellectual property let alone understand what it is come back and ask us again

I don't think the agents will have an issue with the clause itself, more that any deviation from his contract that he knows and is approved means he will have to think, and possibly get it reviewed by legal bods and so on. If the client is happy with the IP situation you propose it will help but by giving an agent a changed contract it puts him at a disadvantage. Some seem to understand the changes and accept if the client does, at least one I have dealt with refused even the smallest change on the grounds it would have to go through a legal check (year right). I backed down so not sure how hard I would have to push. Hopefully as long as there are no changes to rate and payment dates he will just sign off.

Put it in, possibly with the clients approval and see if he even bothers to read it. If you do it would be good if you could tell us what happened.

[Funkywood]

You're right. The agent hasn't got a clue and neither did the HR dept of the client. So under pressure from the agent after they gave up trying to sort it between them, I signed up to the contract under an umbrella saying the contract could be renegotiated once I start and get to discuss things with the guy at the client in who understands these things. Feeling that was a tulip up.

Now I need to negotiate with the client and if that goes well quickly drop the umbrella and switch it to our ltd company. Hopefully they (Giant) won't be a pain but could be since if I don't invoice through them they won't get anything and have me even though I haven't agreed to their t&cs.

All done in a bit too much haste really.

[northernladuk]

You're right. The agent hasn't got a clue and neither did the HR dept of the client. So under pressure from the agent after they gave up trying to sort it between them, I signed up to the contract under an umbrella saying the contract could be renegotiated once I start and get to discuss things with the guy at the client in who understands these things. Feeling that was a tulip up.

Now I need to negotiate with the client and if that goes well quickly drop the umbrella and switch it to our ltd company. Hopefully they (Giant) won't be a pain but could be since if I don't invoice through them they won't get anything and have me even though I haven't agreed to their t&cs.

All done in a bit too much haste really.

Why do you need to negotiate with the client? Your contract is with Agent/Umbrella isn't it? Not client?

[NotAllThere]

When the agent is just acting as a dumb middleman, sometimes you have to talk to the client to get them to agree to what you want, and allow it in their contract with the agency. Do you never talk to your client about contractual issues?