It looks like it means they own every last ink line to me. So this guy doesn't know what he is talking about, in my opinion. No wonder he is scared to change anything.
The paragraph seems to cover both ends of the process. Here is the part where you lose rights to the items that make up the final image:
"all tasks, duties, results, inventions and intellectual property developed or performed pursuant
to this Agreement "
I think if he is that inflexible, you need to go with a separate agreement to cover your needs. Or rewrite the agreement yourself.
----- Original Message -----
From: Laura K. Jordan [mailto:[log in to unmask]]
To: [log in to unmask]
Sent: Thu, 18 Jul 2013 12:46:02 -0700
Subject: Re: [SCIART] Further contract question
He is unwilling to change the language in the contract unless I hire
my own lawyer to amend it. He also claims that the company will NOT
own the individual drawings that make up each figure based on the
phrase "results of said work" in their contract:
"Contractor agrees that the Services and all tasks, duties, results,
inventions and intellectual property developed or performed pursuant
to this Agreement are considered ?works for hire? and that the results
of said work is by virtue of this Agreement hereby assigned to the
Company and shall be the sole property of Company for all purposes,
including, but not limited to, copyright, trademark, service mark,
patent, and trade secret laws. Contractor agrees to take any further
action reasonably requested by the Company to evidence the Company?s
exclusive ownership of such property."
Is that true? Am I misunderstanding the meaning of work for hire and
this statement? Does this mean they do not own the drawings?
Thanks and sorry for all of the questions. This is likely my last
opportunity to keep this agreement from totally falling apart.
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