Re: intellectual property contracts

[Marguerite Krupp <Marguerite_Krupp -at- BAYNETWORKS -dot- COM>]

Karon Lunsford wrote:
<snip>
> Those offered jobs are often being asked to sign a contract
>that says that any work they do belongs to that company.  I know that this
>is a common practice. The question, though, is whether there are any
phrases or
>clauses they should look out for that they should not agree to unwittingly.
<snip>

I have had the same concerns, so I've asked to see the company's legal
representative to get a clarification when this was an issue. They have
consistently told me that all they're interested in is work that I do for
the company's products, not my great American novel. So I ask to have that
in writing. But there are other areas of concern.

For contractors, as opposed to direct employees, the language "work for
hire" in the contract means that the company owns any work you do for them.
I try to get permission, in writing, to use excerpts from that work in my
writing samples if the company seems litigious. A sticky crossover point is
for technical papers done for professional societies, which often want the
author to transfer the copyright to the society. When that happens, I let
the lawyers slug it out, pointing out why it's to the company's advantage
to grant the transfer.

The contract should have explicit language regarding patents, development
rights, and royalties, particularly for an engineering candidate, for whom
this is likely to be an issue.

<snip>
>They were also concerned whether they would even have the option of
>negotiating over these contracts--their concern was that if they raised
>questions, the company might rescind the job offer.
<snip>

The engineering marketplace is so hot right now that they might, indeed, be
able to negotiate these points. Several good books exist on how to
negotiate a contract, and I believe this list has discussed the topic, too.
Sorry, I can't give specific references off the top of my head.

But before "negotiating," I think it's wise to ask some of the questions I
mentioned earlier. That way, you're certain of your negotiating platform,
and you may actually be happy with what you're offered. The key is to get
it in writing, just in case questions arise later, when all the company
negotiators have vanished.

BTW, a written offer of a job is, in itself, a contract that cannot lightly
be rescinded. Many companies use a delivery service that requires a receipt
as proof that they have delivered the contract/offer.

This is pretty much the same thing I'd tell my own graduate tech comm
students. Hope it helps.

Marguerite


 From ??? -at- ??? Sun Jan 00 00:00:00 0000=