copying existing work for another client

[chavvy]

Lets say I work as a contractor for company X.

I produce a 100 page document in collaboration with another employee.

A couple of years later I get a contract with company Y.

They want pretty much what I/we did for company X.

What are the ethical implications and legality of:

a) copying verbose chunks out of the original document into one for the new client.
b) copying but very slightly rewording the original text.

Also does anyone know what company X would have to do if they got hold of said document for company Y and decided I was in breach of any contractual/legal obligations; would it be an expensive case to pursue.

Finally to be clear, this is not anything that would give a competitor an advantage - it is basic generic integration standards that are common throughout the industry. So no "secret recipe" is being given away and company X in no way lose anything.

[SueEllen]

Who owns the copyright to the document? You or the client?

If it's the latter I suggest you just rewrite the new document. If random wording then just happens to be the same then it's due to your style of writing.

If you own the copyright then it's fine to cut and paste.

[northernladuk]

Some contracts have clauses in around the IP and whatever you create they own so in theory it wouldn't be a good idea to re-use that. The question is how much is acceptable and what you are writing about. If it was something like defining a project methodology then that is pretty generic stuff so wouldn't be a problem. If you are re-creating a service that was implemented at another client you could be on some very dodgy ground.

Can you not re-word it so it get's to the same end but with slightly different wording?

[chavvy]

Who owns the copyright to the document? You or the client?

If it's the latter I suggest you just rewrite the new document. If random wording then just happens to be the same then it's due to your style of writing.

If you own the copyright then it's fine to cut and paste.

No, I don't own the copyright. I would undoubtedly be on the wrong side of a legal argument if it came to it if I just copied and pasted. I suppose part of my question is really how much of a pain in the ass is it to go after me if in the highly unlikely event I was caught out?

[chavvy]

Some contracts have clauses in around the IP and whatever you create they own so in theory it wouldn't be a good idea to re-use that. The question is how much is acceptable and what you are writing about. If it was something like defining a project methodology then that is pretty generic stuff so wouldn't be a problem. If you are re-creating a service that was implemented at another client you could be on some very dodgy ground.

Can you not re-word it so it get's to the same end but with slightly different wording?

Its generic, standards based stuff. In fact client X and client Y are completely different domains and nothing is the same (one is banking, the other is retail).

Why don't I just reword it? because I am feeling particulary lazy today and really fancy the idea of copying and pasting.

[SueEllen]

No, I don't own the copyright. I would undoubtedly be on the wrong side of a legal argument if it came to it if I just copied and pasted. I suppose part of my question is really how much of a pain in the ass is it to go after me if in the highly unlikely event I was caught out?

It is not whether it's a pain in the ass it is over who has deep pockets and wants to make a point.

Remember either client could sue you for copying a document owned to the other.

Now will they find out?

Who knows.

[mrv]

Its generic, standards based stuff. In fact client X and client Y are completely different domains and nothing is the same (one is banking, the other is retail).

Why don't I just reword it? because I am feeling particulary lazy today and really fancy the idea of copying and pasting.

A guy I know deals with IP law, according to him it would be very difficult to prove breach of copyright if you reworded the document, so if it came to court the ruling would, most likely, be in your favor. If the document has no patented know-how, information that could be classified as a commercial secret or otherwise sensitive, he doubt anyone would chase after this.

[chavvy]

A guy I know deals with IP law, according to him it would be very difficult to prove breach of copyright if you reworded the document, so if it came to court the ruling would, most likely, be in your favor. If the document has no patented know-how, information that could be classified as a commercial secret or otherwise sensitive, he doubt anyone would chase after this.

Thanks, I think based on this and the previous responses I will go ahead and reword it. Paragraph by paragraph.