[SML] Protecting IP when working full time.

[Richard Niederberg]

Dear Paul,
What you suggest can lead to arguments of the type that I have heard
frequently as a Superior Court Judge, Arbitrator, and Mediator. My advice
is to insert either an Arbitration Clause or Mediation Clause in your
CA-Law contract.
/s/ Richard
_________

On Mon, Nov 23, 2015 at 4:14 PM, Paul Marsland via Stagecraft <
stagecraft at theatrical.net> wrote:

> Transfer all of your existing, tangible, copywrightable work to your
> business or a shell company. Grant your new employer license to use those
> materials at no charge for the duration of your employment.
>
> All work you create that you want to retain is done off-site on your own
> equipment with your own resources as an employee of your business.
>
> Work you are willing to leave behind, you do at the office as an employee
> of their business.
>
>
>
>
> On Monday, November 23, 2015, Scott C. Parker via Stagecraft <
> stagecraft at theatrical.net> wrote:
>
>> Hi All,
>>
>> Question: How to respond to the "everything you do here belongs to us"
>> clause in the contract for prior experience and work? This is in
>> regards to teaching others how to use VectorWorks.
>>
>> I am about to accept a job offer and one of the items in the employee
>> manual states that all work done whilst employed is considered "work
>> for hire" and that the company owns it. Yes, I understand how that
>> works and I'm fine with it. It's not creating artistic lighting
>> designs for stage shows as we know it.
>>
>> One job item is to teach VectorWorks. A major reason I am attractive
>> to this company is my background in teaching VW as both a freelancer
>> and a university professor. Over the years, I have written many lesson
>> plans, learning materials, etc. and I've also been working on a
>> textbook. (who hasn't?)
>>
>> The company will want me to create learning materials etc. for the
>> training I do for the company. These will be based on my past
>> experience, etc. How do I pose the concept that my training materials
>> should be exempt from the work for hire clause. Obviously, handouts I
>> create for these fellow staff members will belong to them and the
>> company. But, a year down the road when I make a handout for someone
>> else, I don't want to get nailed for taking the "work for hire." (How
>> many different ways can one say, click here and drag?)
>>
>> By the way, the company uses VW as part of their process to provide a
>> service to their clients that have nothing to do with VW itself.
>>
>> Thoughts?
>>
>> Thanks,
>> Scott
>>
>> Scott C. Parker
>> Lighting Designer http://scpld.com/ Studio 212-533-3430  Cell
>> 718-757-6661
>> http://twitter.com/stageseminars
>> https://www.linkedin.com/in/lightingdesigner
>> USA829 <https://www.linkedin.com/in/lightingdesignerUSA829>, IES, PLASA,
>> USITT, ETCP certified Rigger & Electrician
>>
>> ____________________________________________________________
>> For list information see <http://stagecraft.theprices.net/>
>> Stagecraft mailing list
>> Stagecraft at theatrical.net
>> http://theatrical.net/mailman/listinfo/stagecraft_theatrical.net
>>
>
>
> --
> Paul Marsland
> +1 919-239-0551
>
> ____________________________________________________________
> For list information see <http://stagecraft.theprices.net/>
> Stagecraft mailing list
> Stagecraft at theatrical.net
> http://theatrical.net/mailman/listinfo/stagecraft_theatrical.net
>



-- 
/s/ Richard
_________
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://theatrical.net/pipermail/stagecraft_theatrical.net/attachments/20151123/7c516386/attachment.html>