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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.

Laura


Quoting cameron slayden <[log in to unmask]>:

> It needs to be in the contract, you can call it something like "derivative
> works"
>
>
> On Thu, Jul 18, 2013 at 1:47 PM, Laura K. Jordan <[log in to unmask]> wrote:
>
>> Thanks for this response, this is enlightening!  In this case, they do NOT
>> want me to be able to resell the same figures, but they say I can use the
>> individual drawings that make up each figure any way I see fit.  Would they
>> still need to grant me a license for this?  Or is stating this right in a
>> contract enough?
>>
>>
>> Quoting cameron slayden <[log in to unmask]>:
>>
>>  I'm with Britt. Definitely make it official.
>>>
>>> I typically take the same approach as the more nefarious companies do,
>>> when
>>> they say "this isn't work for hire" and then say that you grant them all
>>> of
>>> the rights that would be granted under a work for hire relationship. What
>>> I
>>> mean is, when companies insist on work for hire, I say it's fine, but in
>>> turn they grant me a perpetual, fully-paid license to reuse and re-sell
>>> the
>>> work or its parts in any way I see fit. The way I figure it, the door
>>> swings both ways. Generally, they only want work for hire because it's a
>>> simple way to not worry about rights or royalties down the line.  Knowing
>>> that this is what is important to them, I always make sure their concerns
>>> are put to rest, and that I'm covered as well. Additionally, NO rights of
>>> any kind are delivered until they pay in full.
>>>
>>> On Thu, Jul 18, 2013 at 1:08 PM, Britt Griswold
>>> <[log in to unmask]>**wrote:
>>>
>>>  If it is not in the contract, there is no piece of mind.
>>>>
>>>> They may fully intend to honor their word, but the next owner of the
>>>> company may not. The new owner did not promise you those things, see- it
>>>> is
>>>> not in the contract.
>>>>
>>>> If you are OK with the Work-for-hire, maybe you should send him a
>>>> completely separate contract of your own that they must sign - giving you
>>>> the rights they are granting you by email note. Then you sign their work
>>>> for hire.  I think that might be the most productive way to proceed.
>>>>  This
>>>> may take the form of a letter with the wording from the emails, modified
>>>> as
>>>> needed. They sign - send it back to you. You sign work for hire - send it
>>>> back to them. Now work can start.
>>>>
>>>> Britt Griswold
>>>> Manager, http://www.science-art.com
>>>> bgriswold_at_science-art.com
>>>>
>>>> ----- Original Message -----
>>>> From: Laura K. Jordan [mailto:[log in to unmask]]
>>>> To: [log in to unmask]
>>>> Sent: Thu, 18 Jul 2013 09:52:45 -0700
>>>> Subject: [SCIART] Further contract question
>>>>
>>>> Hello again,
>>>>
>>>> The company I am providing illustrations for is insisting on a 'work
>>>> for hire' contract even though they have agreed that I can maintain
>>>> ownership of individual drawings that make up the figures I provide
>>>> them with, use the full figures for my portfolio/website, and for my
>>>> personal educational purposes (I also teach on the same subjects), and
>>>> that they won't re-sell the images or allow reuse by a third party.
>>>> They have agreed to all of these things via email.  I asked them to
>>>> send a contract with these terms clearly stated and they sent a
>>>> standard work for hire contract with no language about any of these
>>>> items.
>>>>
>>>> My questions are 1: Can including these terms in the contract actually
>>>> give me these rights even though they seem to contradict what 'work
>>>> for hire' typically means?
>>>>
>>>> 2: He says I have the emails for peace of mind, are the emails enough
>>>> or should I keep pushing for the language to be written into the
>>>> contract?
>>>>
>>>> Thank you very much!  This is a steep learning curve for me,
>>>> especially under time pressure!
>>>> Laura K. Jordan, PhD
>>>>
>>>> Need to leave or subscribe to the Sciart-L listserv? Follow the
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>>>>
>>>>
>>>> Need to leave or subscribe to the Sciart-L listserv? Follow the
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>>>>
>>>>
>>>
>>>
>>> --
>>> Cameron Slayden, M.S.
>>> CEO,  Creative Director
>>> Medical and Scientific Animation
>>> Cosmocyte, Inc.
>>> 8600 Foundry street, Box 2051
>>> Savage, MD 20763
>>> phone: (202) 747-6337
>>> fax: (202) 747-6545
>>> [log in to unmask]
>>>
>>> Need to leave or subscribe to the Sciart-L listserv? Follow the
>>> instructions at
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>>>
>>>
>> Need to leave or subscribe to the Sciart-L listserv? Follow the
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>>
>
>
>
> --
> Cameron Slayden, M.S.
> CEO,  Creative Director
> Medical and Scientific Animation
> Cosmocyte, Inc.
> 8600 Foundry street, Box 2051
> Savage, MD 20763
> phone: (202) 747-6337
> fax: (202) 747-6545
> [log in to unmask]
>
> Need to leave or subscribe to the Sciart-L listserv? Follow the  
> instructions at
> http://www.gnsi.org/resources/reviews/gnsi-sciart-l-listserv
>

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