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No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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You do not have to agree... | 388 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
You do not have to agree...
Authored by: Anonymous on Sunday, May 06 2012 @ 07:50 PM EDT
"work for hire" is a standard clause in most employment contracts
whether they are full time or agency/temporary/contract.

You do not have to sign when you are first presented with a contract, this is
only stage 1 of a process of negotiation.

You are advised to seek legal advice regarding the details in your contract (at
least you *should* be).

It is possible to negotiate a 'perpetual, worldwide, non-exclusive, no fee'
license going in either direction.

You should expect in return to be "field" limited for a negotiable
duration (duration must be reasonable, and so that you do not take the work you
have done for A and immediately sell it to competitor B for $$$$)

You also need to remember that unless you are starting from a blank sheet (and
assuming any negotiated license direction) the work is not "yours" you
are being paid to produce it for "them", it *is* theirs, though if you
negotiate correctly you can retain the rights to your own head-space (usu.
subject to field limitations as mentioned)

This has saved me from being sued
(despite new direction being wholly unrelated to old position, knowledge gained
etc.).

IANAL This does not constitute legal advice.

You need to get a lawyer for that.

[ Reply to This | Parent | # ]

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