Intellectual Property Rights Intellectual Property Rights - Page 2
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  1. #11

    More time posting than coding


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    I hope people realise that they are commenting/making recommendations on this based on the OPs interpretation of the contract - the actual wording has not been shared. I've seen so many contracts where the legal meaning can be somewhat different from the layman's reading, especially when clauses cross reference other clauses.

    OP, have you had someone legal review the contract?

  2. #12

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    Let me get this right: if you have done any work in the past, outside of the work for this client, previous to signing this contract, and you have any IP rights for that work, then by signing this contract, those rights automatically become the property of the client? That's madness?

    I don't actually have any, many of us probably don't. But I know the odd person who has a side product they are trying to get off the ground. Would that then belong to the client? Why on earth would they think that was acceptable?

  3. #13

    More fingers than teeth

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    Quote Originally Posted by NotAllThere View Post
    That stands up with other lies such as "no-one else has asked for a change". If it is never enforced then there is no reason for it to be part of the contract. And it's easy. You strike through that clause, initial and date it, and then sign the contract. Send it back with a note to say that you've amended it by striking out the never enforced clause.

    If they don't accept it, walk away. They're clearly not the kind of people to whom you wish to provide services, as such ****wittery will raise its head elsewhere - guaranteed.
    Pretty much this. I've had a couple of similar contracts come through with wording similar to the OP and did not agree to it. Most of my contracts already come signed by the agency/client and I just return a signed copy back to them. In these cases, I strike through the offending line, sign and date it next to the offending lines and ask them to do the same and send me back a copy so I have a copy. Worked fine both times.
    Brexit is having a wee in the middle of the room at a house party because nobody is talking to you, and then complaining about the smell.

  4. #14

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    Quote Originally Posted by Boris View Post
    I'm looking at a new contract which, amongst the usual fluff, has a section on intellectual property rights.

    The contract basically states that any IP I develop or create, whether or not during the contracted hours, belongs to the client. In addition, I'm expected to assign any *existing* rights, patents, and copyrights to the client. Unsurprisingly, I don't agree with these clauses and will attempt get them changed.

    My suspicion is that this is a standard lawyer-delivered contract that the client probably hasn't even read themselves.

    QQ: in the UK are these things actually enforceable / legal? (I agree that anything I build for the client is theirs, but I do other stuff too, including open-source and support work other clients)

    Boris
    Absolutely legal and enforceable yep

  5. #15

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    I wouldn't accept those clauses even in an employment contract.

  6. #16

    Contractor Among Contractors


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    I wouldn’t sign it...

    Made me chuckle that we never enforce it... so why is it there lol

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