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Hiring a contractor to take screenshots of anatomical structures, License problems?

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I am hiring a contractor to take screenshots of anatomical structures that I have painted. I want to make sure he has no rights or any ways to claim anything in relation to my images. This is the first contract I have written so I am scared.

I added this section to our contract, do you think it is okay?

Ownership and licenses:

Client Owns All Work Product. Even though the Contractor by common sense and rationale does not contribute to the creation of this work in a meaningful or a creative or an important sense or any other way that would give it some sort of Intellectual Property and Copyrights, any type of titles or interests, the Contractor still agrees to all the following terms in order to avoid the possible confusion:

Work product is the finished product (in this case the screenshots of anatomical or pathological structures), as well as but not limited to drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, images, videos, multimedia ,written media, texts, audio recordings, video recordings, methods, algorithms and anything else that was created by the Contractor or came to existence through its work through or in relation to this project and contract.

Work product is also everything that was derived from or based on or inspired by the finished product (in this case the screenshots of anatomical or pathological structures) such as but not limited to drafts, images, videos, multimedia, written media, texts, notes, materials, mockups, hardware, designs, inventions, patents, code, methods, algorithms.

The Contractor agrees to give all of its rights, titles, and interests in and to the work product and anything that the Contractor has created under or in relation to this contract and project (including Intellectual Property rights), and the Client will be the sole owner of it.

The Client owns all the possible forms of works, products, intellectual property and copyrights that could be created or derived from or based on the work done under this contract or prior and after the duration of this contract but in relation to this project or contract.

The Contractor does not have nor get any Intellectual Property nor Copyrights through its work under this contract or in relation to this contract whether the work was done before, during or after the duration of the contract.

The Client can use the work product however it wants or it can decide not to use the work product at all. The Client can for example, modify, destroy, or sell it as it sees fit.

The Contractor does not hold nor have any rights to the work product. The Contractor agrees that he/she does not have any rights to any possible works or products that could be brought in relation to this project and contract. The Contractor is explicitly not allowed to sell or otherwise use the work product to make money or any other commercial use. The Contractor is not allowed to share and send the works to anyone besides the Client.
 


Zigner

Senior Member, Non-Attorney
1: This forum is for US law matters only.
2: Contract review is beyond the scope of this (or any) internet forum.

You would be wise to consult with a local attorney. Best of luck!
 

quincy

Senior Member
I am hiring a contractor to take screenshots of anatomical structures that I have painted. I want to make sure he has no rights or any ways to claim anything in relation to my images. This is the first contract I have written so I am scared.

I added this section to our contract, do you think it is okay?

Ownership and licenses:

Client Owns All Work Product. Even though the Contractor by common sense and rationale does not contribute to the creation of this work in a meaningful or a creative or an important sense or any other way that would give it some sort of Intellectual Property and Copyrights, any type of titles or interests, the Contractor still agrees to all the following terms in order to avoid the possible confusion:

Work product is the finished product (in this case the screenshots of anatomical or pathological structures), as well as but not limited to drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, images, videos, multimedia ,written media, texts, audio recordings, video recordings, methods, algorithms and anything else that was created by the Contractor or came to existence through its work through or in relation to this project and contract.

Work product is also everything that was derived from or based on or inspired by the finished product (in this case the screenshots of anatomical or pathological structures) such as but not limited to drafts, images, videos, multimedia, written media, texts, notes, materials, mockups, hardware, designs, inventions, patents, code, methods, algorithms.

The Contractor agrees to give all of its rights, titles, and interests in and to the work product and anything that the Contractor has created under or in relation to this contract and project (including Intellectual Property rights), and the Client will be the sole owner of it.

The Client owns all the possible forms of works, products, intellectual property and copyrights that could be created or derived from or based on the work done under this contract or prior and after the duration of this contract but in relation to this project or contract.

The Contractor does not have nor get any Intellectual Property nor Copyrights through its work under this contract or in relation to this contract whether the work was done before, during or after the duration of the contract.

The Client can use the work product however it wants or it can decide not to use the work product at all. The Client can for example, modify, destroy, or sell it as it sees fit.

The Contractor does not hold nor have any rights to the work product. The Contractor agrees that he/she does not have any rights to any possible works or products that could be brought in relation to this project and contract. The Contractor is explicitly not allowed to sell or otherwise use the work product to make money or any other commercial use. The Contractor is not allowed to share and send the works to anyone besides the Client.
The contract is best drafted by an intellectual property attorney in your area. What you have written is not as clear as it should be.

You will also need to provide your contractor with a limited license that allows your contractor to reproduce your works. The same IP attorney you see for help in drafting the contract should also be able to fashion for you a license that meets your needs.

Intellectual property laws vary from country to country. You can check out the World Intellectual Property Organization (WIPO) at https://www.wipo.int for the laws in your country.
 

Taxing Matters

Overtaxed Member
I added this section to our contract, do you think it is okay?


That depends a great deal on the country or countries in which the contract applies, and you didn't indicate the countries. Moreover, the exact nature of the work to be done matters, too. That said, if this was in the U.S. your write up has some problems, starting with the fact that your first paragraph is incorrect in stating that "Contractor by common sense and rationale does not contribute to the creation of this work in a meaningful or a creative or an important sense or any other way that would give it some sort of Intellectual Property and Copyrights, any type of titles or interests..."

I agree with quincy that the best thing to do here is consult an IP attorney in the relevant countries for advice on this.
 

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