Do website design and layout fall under the definition of 'work for hire' if it was produced by an outside contractor? I produced a significant amount of design work for a company and have not received adequate compensation for the work — I've been paid roughly 1/10 of the market value, based on our original contract.
They are demanding all of the assets, despite the lack of fair market compensation. My initial research tells me that they may not have claim to the work based on the "work made for hire" clause in my contract. Below is the pertinent section:
Thanks!
They are demanding all of the assets, despite the lack of fair market compensation. My initial research tells me that they may not have claim to the work based on the "work made for hire" clause in my contract. Below is the pertinent section:
I am not and was not EVER an employee of this company. I'm trying to figure out if there are any options I have for obtaining fair compensation for this work.2. Ownership; Rights; Proprietary Information; Publicity.
a. Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other intellectual property rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by or for or on behalf of Consultant during the term of this Agreement that relate to the subject matter of or arise out of or in connection with the Services or any Proprietary Information (as defined below) (collectively, “Inventions”) and Consultant will promptly disclose and provide all Inventions to Company. All Inventions are work made for hire to the extent allowed by law and, in addition, Consultant hereby makes all assignments necessary to accomplish the foregoing ownership; provided that no assignment is made that extends beyond what would be allowed under applicable law if Consultant was an employee of Company. Consultant shall assist Company, at Company’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce and defend any rights assigned. Consultant hereby irrevocably designates and appoints Company as its agents and attorneys-in- fact, coupled with an interest, to act for and on Consultant’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by Consultant and all other creators or owners of the applicable Invention.
Thanks!
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