I was employed for many years at a printing company doing their desktop publishing and my contract made no mention of intellectual property. This company stopped operating two years ago and a new company was started where I became an independant contractor, doing the same work but no contract was ever put in place. The new company is now in the process of drawing up a contract and have stipulted the following:
14. INTELLECTUAL PROPERTY
14.1. For the purposes of this Agreement, all right, title and interest in and to the Intellectual Property will be deemed to vest in the Company.
14.2. The Contractor hereby irrevocably cedes, assigns and transfers to the Company all right, title and interest in and to any intellectual property created by her from the first date when the Company appointed the Contractor, even where such date may pre date the Effective Date, which will then be deemed form part of the Intellectual Property as defined.
14.3. The Contractor shall at no time challenge, question or dispute the Intellectual Property, nor the ownership thereof and undertakes not to assist any other person in doing so, and further undertakes not to infringe or prejudice any rights of the Company in and to the Intellectual Property.
14.4. The Company acknowledges that the Contractor will retain ownership of the Contractor’s intellectual property and the Contractor’s proprietary information.
The work I do involves designing new documents but also making changes to existing documents that I created while still employed at the original company. What I need to know is whether the new company has any legal right to the work I have done in the past and also whether they will have rights to the new work I do as an independant contractor.
I would recommend going to consult with an attorney. The reason being by signing a contract with unfair terms or terms in which you do not understand will be binding. If you have already signed this contract then you might face issues later on when your contract comes to an end.