All Questions
Tagged with contract-law intellectual-property
82
questions
0
votes
1
answer
139
views
Does secretly storing copies of video games until they enter public domain violate IP or contracts?
If I were to store copies of video games that would be kept secret until the video games entered the public domain (that would happen after 95 years after release under most cases), would this violate ...
-2
votes
1
answer
122
views
Protecting AI related IP by assigning all current and future IP to an LLC
Consider a fairly typical IP assignment clause, such as
I understand that the provisions of this Agreement requiring assignment of Inventions to the Company do not apply to any Invention that I have ...
6
votes
1
answer
530
views
Which type of attorney should I consult for a complex case involving employment, contract, and IP law?
This question concerns another Stack Exchange question: https://workplace.stackexchange.com/questions/195267/agreement-made-at-hire-is-unenforceable-due-to-a-technicality-employer-refuses
What type of ...
0
votes
1
answer
57
views
Is a non-exclusive and revocable license valid consideration for a legal agreement/contract?
This question pertains to U.S. law, and California law specifically, if it matters.
The motivation behind this question is the scenario where a company has supplied parts or equipment usage to a non-...
1
vote
1
answer
93
views
App Store app Ownership
Lets say hypothetically 5 years ago someone (Person A) created a company with someone else (Person B) and they split the company 80 (Person B) / 20 (Person A) and then used that company information to ...
0
votes
1
answer
49
views
USA Employment Law: Job Search with Moonlighting
I am a Software Developer contractor but I also want to have my own side-hustle business. This side hustle business might contain programming, research or developing new software products. However, it ...
3
votes
1
answer
115
views
difference between work and contractual obligations
In an employment contract, what is the difference between "the course of work" and "performance of contractual obligations"?
For example, in the Swiss Code of Obligations:
Art. ...
-3
votes
1
answer
101
views
Do investors have any copyrights on the application they invest on?
Considering I am the founder of Instagram, it means I have written 100% of the application code by myself, then found an investor and they put some money into the startup and got 30% of the new ...
0
votes
2
answers
151
views
Can a contract clause really stop me from developing something in my own time [duplicate]
My contract states the below:
I assume this means, even things i make in my personal time would belong to the company?
I wonder how enforceable that really is as that would suggest that they would be ...
0
votes
0
answers
45
views
When is work for a client "connected to" work for a different client?
In a consulting or contracting business, when is ownership of intellectual property work done for client A separated from work done for Clients B & C?
The contract agreements are usually crisp and ...
2
votes
3
answers
283
views
Who owns the intellectual property rights relating to a stolen NFT?
Bored Ape non-fungible blockchain tokens (NFTs) change hands for tens to hundreds of thousands of dollars. For this money you get two things, A) the technical ability to create transactions involving ...
5
votes
1
answer
110
views
Is it permissible to assign the ALL the proceeds of an anticipated judgement to the lawyer(s)?
In the case of an artisan group that only wants to redeem its good name, and to get back to work,
is is allowed to motivate attornies by assigning them all the proceeds of an anticipated judgement?
1
vote
2
answers
199
views
Does 'Doing Research' Count as 'Working On' a Personal Project On Company Property?
I have been given approval from the company I work at to be able to own my side projects. I am a Support Technician (Customer Service) who does not code anything during my work day. However, my ...
0
votes
0
answers
51
views
Do I own the copyright of a source code if I work only part of it as a freelancer
If a group of freelancers work on a project without a contract from the client(this one refuses to pay), who own the copyright of that source code? I know in the US, one who write the code own the ...
0
votes
2
answers
66
views
What happens if there is no formal agreement between two app developers
Suppose two people, A and B, developed an ios app together doing equal amounts of work.
Suppose that they don't have any written agreements and never registered a company. A registered himself as an ...
0
votes
1
answer
198
views
Can a Mexican employer really claim rights to IP created before the start of employment if not declared?
THE EMPLOYEE expressly acknowledges that pursuant to Article 163 of the Mexican Labor Law, all rights to any inventions, improvements and any intellectual property rights
(“Intellectual/...
2
votes
1
answer
161
views
Legally "give" Intellectual Property without explict charge?
Summary: I'm an IT contractor, and have some self-made source code (my IP) to solve certain problems a lot of clients have. I want to legally "give" that IP to my clients, without explicitly ...
3
votes
2
answers
493
views
Can you sue a company for lying to you?
Can you sue a company for lying to you? Let's say that you are negotiating a contract for the rights over the Harry Potter franchise, because you wrote it. Does the company that wants to buy the ...
0
votes
1
answer
152
views
Can you seize a company's intellectual property if it was created using your platform?
Can you seize a company's intellectual property if it was created using your platform? Can you put something in the user agreement that allows you to seize any intellectual property created using your ...
1
vote
1
answer
130
views
In software contracts, does "all right, title & interest in & to software" provide more protection than "all ownership right, title & interest in..."?
Seems that the addition of "ownership" here is limiting, but I'm not sure whether it really is or how it is.
If the language "supplier retains all right, title and interest in and to ...
2
votes
1
answer
304
views
Confused about Intellectual Property Rights
I have applied for a job as a software developer in the UK and have been sent back a contract which has the following wordage:
You agree that all rights to all material created in the course of
your ...
5
votes
2
answers
170
views
Question on intellectual property and contracts
Alice invents a widget and receives a U.S. patent for her invention. In return for payment, she grants Bob an exclusive license to manufacture and sell the widget.
Carol decides to make knock-off ...
0
votes
2
answers
97
views
If a contract states "Not a Works for Hire" does the author (programmer) own the IP?
I have been reading about programmers' (authors) rights/ownership of IP based on whether a contract specified (and both sides agreed) whether or not the work performed was a work for hire. In cases ...
0
votes
3
answers
616
views
Section 2870 of the California Labor Code - Can former employer claim ownership of former employee's project?
Silicon Valley tech companies in California require employees to sign a contract that assigns all inventions to the employer. The only protection employees have are in the form of Section 2870 of the ...
0
votes
2
answers
114
views
Do these terms contradict each other for who owns work created by contractor?
These two sentences are literally side by side and seem to be saying opposite things.
All deliverables and associated documents...developed by Contractor
during the term of this Agreement shall ...
0
votes
1
answer
47
views
Which legal specialty covers the sale of potentially profitable information?
In There Will Be Blood (2007), there is a scene where Paul Sunday sells information about there being oil where he grew up.
This struck me as something very difficult to negotiate, because, while ...
0
votes
0
answers
73
views
Intellectual property in the Age of Industry 4.0
I am looking for specific references describing guidance principles around the interplay between IP (intellectual property) and Artificial Intelligence algorithms. For example, Company A has a large ...
0
votes
0
answers
24
views
Why do some contracts have provisions granting a license if ownership can't be transferred?
I've seen some contracts with an ownership provision: for example if an employee invents something, it belongings to the employer.
Often times I see a provision beneath it stating "if this isn't ...
1
vote
2
answers
192
views
Is it advisable for a person write his own contract if he is good in english but don't know legal jargon?
A lawyer scared me by saying, yes you can right your own contract but chances are most of your clauses won't hold in court cause you don't know legal jargon.
However, I know english and my english is ...
0
votes
1
answer
64
views
Can I enter into an IP contract with my own ltd company before having investors in?
I spent 4 years developing an App. Recently I started a Proprietary Limited company (I'm in Australia). Me and my wife are the only directors.
Before getting share holders into the company, is it ...
-1
votes
2
answers
1k
views
Signing on Behalf of a Minor
Background: I want to sign an NDA, however, I am a minor. As a member of the Disclosing Party, there are clauses within the NDA that state that "any files written with names developed by the ...
0
votes
1
answer
157
views
Unsolicited ideas clause in terms of service in the context of corporate email contact links?
Most term of service contracts have a unsolicited ideas clause that contains language like:
suggestions or ideas relating to enhancements, new or improved products, technologies
etc.
If the ...
1
vote
2
answers
211
views
Legal issues in hiring an artist the create artwork for commercial use
I am thinking of hiring an overseas artist from Upwork to do the drawings for me.
Just wondering if there any legal issues in me doing this and using the artwork in YouTube videos that may generate ...
1
vote
1
answer
112
views
Who owns my idea? Me or my company? [UK] [closed]
I work in a small, specific, applied software development niche. The industry I operate in is relatively small and everyone knows everyone. Recently myself and a colleague have been floating the idea ...
1
vote
1
answer
2k
views
If a licensee creates a derivative work, do they own the work?
This is a follow up to this question asked on freelanceing SE. The background is, I know some clients want to hire an app developer but want to own everything created. As the developer it would be ...
-2
votes
1
answer
148
views
Hiring part-time IT contractors who are under an IP assignment clause in their day contract
I plan to engage a contract developer part-time in the UK through his own Ltd. He's currently contracting in the day time for a software company. My project is in a very different area. However, that ...
0
votes
1
answer
75
views
How binding are NDA's? [closed]
I live in South Africa, I have some research work that holds very good financial potential. This research to be conducted will be done in a group headed by me, how can I protect my idea from being ...
6
votes
2
answers
1k
views
did you consent because you could have seen a poster?
Instead of a signed release, in recent years I'm seeing posters saying that if you walk in an area you consent to the commercial use of your likeness for unlimited purposes without payment. At least ...
1
vote
1
answer
32
views
Reselling Value Added Products?
Imagining this scenario:
I buy a miniature Intel computing product, that comes with a pre-installed Windows operating system for personal usage.
Can I repurpose it by installing a customized Linux ...
0
votes
1
answer
36
views
Work contract and own IP
I'm in contract negotiations with a company which have a trial period before offering full-time employment.
Reading the contract, I felt the wording around own IP was a little vague. I am working on ...
30
votes
1
answer
4k
views
Can a significant change in incentives void an employment contract?
Recently over at The Workplace there was a question regarding an employee withholding valuable information that they developed in their spare time. According to their employment contract all ...
3
votes
1
answer
189
views
Is it legal to create a carbon copy of an application? [closed]
A couple of days ago, an acquaintance of mine asked for help with an application for his non-profit company. This application was already done previously by people who the client hired previously. He ...
6
votes
2
answers
347
views
Is it legal to unlock artificially limited hardware yourself?
Some companies sell hardware that is limited by some means, so that they can charge for upgrades.
For example some Tesla cars have batteries with some capacity unavailable to the user unless they pay ...
1
vote
2
answers
391
views
Do you have to surrender "ideas" in intellectual property transfer?
I'm looking at an MSA for software services that reads, in part, emphasis mine:
Contractor agrees that all of the work product produced under this Agreement, including without limitation all notes, ...
5
votes
4
answers
931
views
Is this Intellectual Property clause over-reaching?
Here's an extract from my (employee) contract
All rights to any material and results, and all intellectual property rights related thereto, made, written, designed or produced by Nathan Cooper ...
1
vote
1
answer
439
views
Can an employer steal intellectual property?
Say someone wrote some software PRIOR to employment at the company where they currently work.
They presented it to a CEO and three other high level employees of the company. They expressed, what the ...
9
votes
1
answer
2k
views
Revoking my right to defend my Intellectual Property by using Let's Encrypt
Agreement: https://letsencrypt.org/documents/LE-SA-v1.1.1-August-1-2016.pdf
Section of interest:
BY WAY OF FURTHER EXPLANATION REGARDING THE SCOPE OF THE DISCLAIMER,
AND WITHOUT WAIVING OR ...
0
votes
1
answer
80
views
Derivative softwares copyrigths from a more generic software
Imagine consultancy C has a generic software for analyzing data S.
Now C has a client C1 and from the software S it derives a software S1 to analyzed some specific data for C1. The overall dependency ...
2
votes
1
answer
95
views
What effect does it have when something contains the phrase "copyright 2018 MrAuthor"
I'm curious why some documents (both written on paper and source code) sometimes literally say something like "Copyright 2018 Bill Gates" for example.
This question occured to me because I just came ...
1
vote
0
answers
444
views
Inventions Assignment Agreement in California
As I was being hired today, I was asked to sign a "Confidentiality and Inventions Assignment Agreement" which partly reads:
"I agree that all right (...) to any copyrightable material (...)
...