Open ended contract terms on IP

[grafton]

Yes, I have inquired a few solicitors who specialize in IP, but considering their typical turnaround time, cost benefit tradeoffs, I am thinking walking away from the deal may be the better alternative. The contract term is short (less than three months) and the pay isn't that high either (well below the market rate).

I suspect the clients view might be very different

Have you considered having the contract reviewed?
Its sometimes better than undertaking negotiations yourself (unless you are a feckin hard barsteward)

Agencies tend to write clauses that include the kitchen sink which is why if you are worried you hire someone who write it to limit it to what is relevant.

[MrMarkyMark]

Yes, I have inquired a few solicitors who specialize in IP, but considering their typical turnaround time, cost benefit tradeoffs, I am thinking walking away from the deal may be the better alternative. The contract term is short (less than three months) and the pay isn't that high either (well below the market rate).

Nice to see someone taking care of things properly

[grafton]

Also, that way, I won't be obliged to take this thread down
Nevertheless, I really appreciate the valuable public opinions on the matter. Thanks all!

Nice to see someone taking care of things properly

[Swamp Thing]

As it looks like the OP won't be accepting the gig (prob the right decision), my thoughts going forward for anyone else in this position:

1. IPR is normally an issue between contractor and end client. In 12 years of contracting, I have never had this contractual term imposed by agency (as nominee or whatever they call themselves). Always between end client and contractor. I cannot for the life of me see how at the end of the gig an agency would sit down with the end client and go through a process of debriefing the IP that the contractor brought to the gig. The agency wouldn't know how nor have the interest in doing so. Pure nonsense.

2. I have always managed to get blanket terms amended. Usually what I asked for was that a) I retain ownership of IP that I can demonstrate was introduced by me to deliver the assignment (sometimes termed as "pre-existing materials" or "background IP"). And b) the end client owns IP in work which is derived from my efforts ("foreground materials"). The end client has after all paid me for it. This balance worked for every end client I have provided services to.

Anything else than the above for me would be unreasonable, and a reason for walking away. IPR can seem like a vague unquantifiable subject and perhaps not worthy of attention - but it's part of our lifeblood and keeps our competitive edge. Don't let the agencies water it down.

HTH