Intellectual property clause in umbrella's employment contract?

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lucyclarityumbrella replied

23 June 2016, 13:28
Hi ContractDeveloper, my guess would be that they are mimicking the clause in their B2B contract with the agency (or client), if they sign this off and this clause is not included in your COE then they are not covered either. Just my thoughts
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ContractDeveloper started a topic Intellectual property clause in umbrella's employment contract?

27 May 2016, 16:53
Intellectual property clause in umbrella's employment contract?

Hey all,

I've just got a 6 mo software dev contract which looks like it'd fall within IR35, being new to all this I've gone with an well known umbrella company.

The umbrella company requires I sign a contract of employment that contains an intellectual property clause and I can't understand what it's purpose is in the context of an umbrella company:

All rights in the nature of intellectual property rights (including but not limited to copyright) arising in any work created during this Employment which relate or are capable of being used by the Company or its clients with which you are or have been concerned to a material degree must be promptly disclosed to the Company and shall vest in the Company. Should the Company be required by any contract with the Company's clients or other third party to pass on any intellectual property rights, you will cooperate in any formal steps required by the Company to put that obligation into effect, including, but not limited to, signing any document required by the Company, its clients, or other third party in order to assign to the person for whose ultimate benefit your services are performed in the Employment all intellectual property rights in the work you do.

I've happily signed a similar clause with the end client but I can't understand why an umbrella would need such a clause if their role is to just manage payments.

In previous contracts with clients I've always worked with the company to alter the IP clause to only include the work that's directly part of the project and to not scoop up anything else I might be working on at the time.

I've queried the clause with the umbrella and they said it just means I have to return any IP to the companies when the contract ends, but it doesn't read like that to me and everybody I've discussed this with has told me not to sign it as it is.

Am I misunderstanding something or should I push for the clause to be removed before signing?

(During the contract I'll be often spending my weekends on projects who's IP i'd not like to give away)

Many thanks
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