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Re: Contract Advice Needed, Quick! Can someone read this & provide an opinion?
Subject:Re: Contract Advice Needed, Quick! Can someone read this & provide an opinion? From:Lauren <lauren -at- writeco -dot- net> To:techwr-l -at- lists -dot- techwr-l -dot- com Date:Fri, 05 Feb 2010 16:01:34 -0800
On 2/5/2010 2:52 PM, Pro TechWriter wrote:
> They have allowed me only an hour to read this, decide, and give them an
> answer.
That would be a red flag for me. I usually take at least 48 hours to
read a contract. I need to read it, sleep on it, read it again, and
talk to others while I make *my* decision. Just because an employer has
decided on you, does not mean you do not have the right to take the time
you need to make decisions about the employer. We are in a hard market,
so employees make a few concessions, but limiting oneself to one hour to
read a contract is a huge concession that I would not want make.
> Consultant will assist company and its nominees successors, or assigns, on
> request, during and following the term of this Agreement, at company's
> expense, to obtain and maintain for its own benefit, patents and/or
> copyright registrations for any such inventions and/or copyrightable works
> in any and all countries. Such assistance shall include, but not be limited
> to, executing and delivering specific assignments of any such invention or
> copyrightable work and all domestic and foreign patent rights and copyrights
> therein, and all other papers and documents that relate to securing and
> maintaining such rights, and performing all other lawful acts, as may be
> deemed necessary or advisable by company or its nominees, successors, or
> assigns.
>
Talk to a lawyer if you have serious questions. If you are going in as
your company, then you should have insurance in the event that you are
sued. Here, it would seem that the "copyrightable works" are part of
the "assistance" that you as a "consultant" will provide to the
"company" "for its own benefit." It does not matter if you are
on-the-clock or off-the-clock. If the company asks you to write
something on "its behalf" and you do, then the copyright of that work
belongs to the company.
Do you think you might invent anything while working for this company?
If you do not, then inventions will not likely apply to you. Do not use
previous work in your work, otherwise, you may inadvertently surrender
copyrights that you or a previous client may already own. Like if you
have a blanket policies or procedure that you like to include in documents.
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