Intellectual Property Rights

[Paralytic]

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?

[pauldee]

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?

[darmstadt]

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.

[BradleyPallister]

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

[fidot]

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

[dx4100]

I wouldn’t sign it...

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

[Krystian]

intelllectual property rights

hope you don't mind me asking here as I didn't wanted to open new topic and it is kind of similar question

If I worked for the company doing roofs on conservatories not as an employee but ltd company and i was taking the pictures of the works done to document what am i doing and I have never send them over to the company that was hiring me to do it, I have started using these pictures on my own website to provide an examples of my work as it was done by me. They have told me that they do not want me to work for them anymore as they have seen my website and they told me now to sign the agreement where i give them all rights to use all intellectual property: pictures, videos, copies and originals so they can use them by themselves.
I have to mention I have never signed with them any contract but I have been sending them invoices for the work done on a weekly basis for the last 3 years and they always paid on time. Do they have the right to ask me to sign it now or I do not have to sign it and I can keep using it? They also want me to remove all the pictures from the website and they withold my payments for the last 2 invoices I gave them untill I will not do as they tell me to do it?

Not sure if I stand any chance in this situation to actually fight with them as I do not see a reason why would I have to if I wasn't an employee.

Thanks for all your help with it.
Krystian

[eek]

hope you don't mind me asking here as I didn't wanted to open new topic and it is kind of similar question

If I worked for the company doing roofs on conservatories not as an employee but ltd company and i was taking the pictures of the works done to document what am i doing and I have never send them over to the company that was hiring me to do it, I have started using these pictures on my own website to provide an examples of my work as it was done by me. They have told me that they do not want me to work for them anymore as they have seen my website and they told me now to sign the agreement where i give them all rights to use all intellectual property: pictures, videos, copies and originals so they can use them by themselves.
I have to mention I have never signed with them any contract but I have been sending them invoices for the work done on a weekly basis for the last 3 years and they always paid on time. Do they have the right to ask me to sign it now or I do not have to sign it and I can keep using it? They also want me to remove all the pictures from the website and they withold my payments for the last 2 invoices I gave them untill I will not do as they tell me to do it?

Not sure if I stand any chance in this situation to actually fight with them as I do not see a reason why would I have to if I wasn't an employee.

Thanks for all your help with it.
Krystian

You have 3 issues there so let's break them down:-

1) for the threatened miss payments the usually go to site is Debt Collection and Debt Recovery from Safe Collections who do post on here at times.

2) it seems that unless you give them the photos you won't get anymore work from them. If you need that work you need to decide what to do, if not they've just created a competitor and I hope you know how to run a business and where they get their business from.

3) the work you do and the photos you take of that work are entirely separate and you own the copyright of those images separately to the work you were paid for - so you don't need to give it to them unless they pay you for them or point 2 applies.

Either way you've burnt your bridges with them by the looks of it so I would by phoning their competitors to see if they have any work for you or starting up by yourself.