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: "Combs, Richard" <richard -dot- combs -at- Polycom -dot- com>
To: "Pro TechWriter" <pro -dot- techwriter -at- gmail -dot- com>, "Technical Writing" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Fri, 5 Feb 2010 16:14:00 -0700

Pro TechWriter wrote:

> I have an opportunity for a short-term contract (about 6-7 months) and
the
> employment agreement has a section on copyrights and patents. I've
read it
> four times already, and I think it might affect my own (off their
clock)
> works and inventions but I am not sure. Being that I might have a book
deal
> in play, I really DON'T want to do that.
>
> They have allowed me only an hour to read this, decide, and give them
an
> answer. If there are any contract experts (or even attorneys!) out
there
<snip>

IANAL, but willing to offer an opinion (don't forget, "It's my opinion
and it's very true" <g>).

>
> Here's the text:
>
> 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 <snip>

The critical phrase here is "such inventions and/or copyrightable
works," and the use of "such" means that the question of _which
inventions and/or copyrightable works was addressed earlier (maybe you
missed it). Typically, it would/should specify that you'll be doing
"work for hire" and any inventions and/or copyrightable works arising
from that work are their property, not yours.

There may even be language restricting you from creating inventions
and/or copyrightable works that are _derivatives_ of the work for hire.
But I'd be surprised if the restriction were written so broadly that
work you do on your own time that's in no way related to the work for
hire would fall into their purview.

Still, look for the antecedent of that "such" and see what it includes.

HTH!

Richard G. Combs
Senior Technical Writer
Polycom, Inc.
richardDOTcombs AT polycomDOTcom
303-223-5111
------
rgcombs AT gmailDOTcom
303-777-0436
------






^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Are you looking for one documentation tool that does it all? Author,
build, test, and publish your Help files with just one easy-to-use tool.
Try the latest Doc-To-Help 2009 v3 risk-free for 30-days at:
http://www.doctohelp.com/

Explore CAREER options and paths related to Technical Writing,
learn to create SOFTWARE REQUIREMENTS documents, and
get tips on FUNCTIONAL SPECIFICATION best practices. Free at:
http://www.ModernAnalyst.com

---
You are currently subscribed to TECHWR-L as archive -at- web -dot- techwr-l -dot- com -dot-

To unsubscribe send a blank email to
techwr-l-unsubscribe -at- lists -dot- techwr-l -dot- com
or visit http://lists.techwr-l.com/mailman/options/techwr-l/archive%40web.techwr-l.com


To subscribe, send a blank email to techwr-l-join -at- lists -dot- techwr-l -dot- com

Send administrative questions to admin -at- techwr-l -dot- com -dot- Visit
http://www.techwr-l.com/ for more resources and info.

Please move off-topic discussions to the Chat list, at:
http://lists.techwr-l.com/mailman/listinfo/techwr-l-chat


References:
Contract Advice Needed, Quick! Can someone read this & provide an opinion?: From: Pro TechWriter

Previous by Author: RE: FrameMaker: Indexes: Sorting Numbers
Next by Author: RE: Ampersands in TOC and headers?
Previous by Thread: Re: Contract Advice Needed, Quick! Can someone read this & provide an opinion?
Next by Thread: Re: Contract Advice Needed, Quick! Can someone read this & provide an opinion?


What this post helpful? Share it with friends and colleagues:


Sponsored Ads