Legal Question in Technology Law in California

Contracr for Hire

I was in a contract for hire agreement where the contract listed and recognized my IP. The agreement was signed a little over a year ago. The contract does indicate a license for my IP but only recently did I send the license to the client. The client refuses to sign the agreement what can I do?

Asked on 3/08/09, 3:31 pm

2 Answers from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Re: Contracr for Hire

Just going on what little information you have provided: a "contract for hire" - with regard to IP - usually means that though you created the IP, and normally would be the one entitled to protection for it, in this case, you created the IP with the understanding that the IP would be the property of the party that hired you. "Contract for hire" is "term of art" in legal jargon. If the contract you executed does not specifically mention who has title to the IP upon its creation, then it is likely that it belongs to the party who hired you. As such, they don't have to have a license from you in order to do with it whatever they like. Sounds like you didn't have an attorney draft or review the original agreement you signed.

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Answered on 3/08/09, 5:37 pm

Terry A. Nelson Nelson & Lawless

Re: Contracr for Hire

If you have rights to enforce, and they're worth enforcing, you'll end up hiring an attorney, and maybe suing, unless you resolve this on your own. Feel free to contact me if serious about doing so.

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Answered on 3/08/09, 6:21 pm

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