I give you a work laptop, training budget, third-party technical budget, lawyers, accountants, marketing... and I don't get the IP rights?
No deal.
That aside, you're describing already available comp models with equity participation.
No deal.
That aside, you're describing already available comp models with equity participation.
Also I've seen some that want moral rights, which I don't think one should be required to give up, ever.
Reform is needed here. I have no qualm about signing over IP developed specifically for the company, on the company's dime. But some IP agreements get absurd about it.
What’s a good example of an employer who wants that from someone because that person is an employee?
Can you afford to fight them if they do try to claim it? Maybe if your side project has already taken off.
If written that broadly, that's just sloppy. [0] It benefits both sides to be more clear. There are also nuances to "claim" and what rights the employer may have (e.g. They get a license, but not full copyright.)
IANAL, but I have recently read an IP waiver for a mega firm with heavy R&D and while they get their hooks in most job-related creations, they have exclusions for things orthogonal to your job.
[0] https://pro.bloomberglaw.com/common-misunderstandings-about-...
These types of contracts are illegal in CA, but legal in many other states.
Otherwise, this is hyperbole or exceptional in the least.
George Clooney isn't bringing his own cameras and lighting systems to appear in a movie, but he'll still get residuals
You didn’t give me a laptop. You are giving me a tool contingent upon employment. If I leave the company, you take it back. What am I supposed to be grateful for? Should a janitor thank their employer for a rolling trash can and mop?
Training? My teachers and mentors have literally no rights to anything I’ve filmed and edited. That would be ridiculous.
Lawyers and accountants are for you and your company. That is not a gift to me. I cannot just call them for my own personal use at will. They only exist for the company and company purposes. Chances are I will literally never talk to them no matter how long I work for your company.
Marketing benefits you. Why does marketing benefit me at all? They aren’t doing anything for me. They aren’t building my brand and creating an image for me. They’re doing it for you and your company. They’re driving revenue for you.
I don't know how you reconcile that with signing everyday contracts as I'm sure you do.
As for your other premises, I don't know how you can make such general claims, given endless exceptions.
I was a freelancer/production house owner for over a decade, I am very confused what you mean by this - I have no idea what you are referring to. A contract is only what is mutually agreed upon by all parties involved.
Either way, I have never signed a contract with anyone that entitled them to my work outside of the scope as dictated by the contract. What you get from me is clear in our contract or it isn’t yous. No one is entitled to anything I shoot or edit unless they explicitly paid for it. Likewise, my shooters only ever gave me what was negotiated explicitly. If that is not explicitly stated, there is no assumption they get the rights to anything I shoot or vice versa.
Go call a wedding photographer and ask for all the raws from their shoot after the fact. They’ll laugh until you hang up.
You asked how does paying for one thing entitle you to another thing.
You're referencing my comment about supplying resources in exchange for any IP you create, contractually.
I described common contractual terms and you reacted surprised.
It appears you lost the context.
I'd be very curious how you structured employment agreements for your employees (if any) -- not independent contractors.
If i go joyride behind the company’s back sure, there’s a discussion potentially because i violated the rules and jacked company property. But even then…hardly legally enforceable to claim they own the rights and not super applicable since it depends on someone effectively stealing gear to shoot.
I said that's too general.
Now, you're agreeing with me in saying using gear without permission or using company gear away from intended use is wrong.
As for your blanket statement re: copyright ownership and transfer of rights, it's simply not true to say independent contractors or employees don't sign over all of their creative products in instances. I note how you're also conflating freelance and full/part-time employees.
You have no idea what you're talking about.
If this is how we’re going to discuss this then I’ll just head out now. I have no idea what I’m talking about apparently so it’s not like you’re going to give my points or experience the time of day.
Have a good one.
See this legal take (scenario B), rejecting your over-general claims on freelancer's rights over "raw" work product. [0]
In your interest, I strongly recommend reviewing your form engagement contracts with an attorney.
[0] https://www.owe.com/resources/legalities/legalities-33-do-yo...
However, I've executed deals where developers contribute assets and get royalties/earnout. You can always try to negotiate.