The "Work For Hire" Doctrine Almost Never Works in Software Contracts

Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by cperciva on Monday May 26, 2014 @08:48PM (#7802310)

I once had a client present me with an NDA which stated that their Intellectual Property included "all knowhow related to the project", and then a few paragraphs later that they had "the right to seize all Intellectual Property" upon termination of the contract.

When I asked if they intended this to include brain surgery, they agreed to amend it to only seizing documents.

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Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by mgkimsal on Monday May 26, 2014 @11:15PM (#7802682)

I really really really don't think most clients want all my intellectual property. Even I don't want it all...

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Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by GrinningFool on Tuesday May 27, 2014 @08:09AM (#7804009)

It seems like the needed change there was not to alter the scope of what they would seize, but the scope of their definition of Intellectual Property. It's a little unclear from your post - is that what you got modified?

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Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by cperciva on Tuesday May 27, 2014 @10:48AM (#7804733)

Their definition of "Intellectual Property" didn't change, but it didn't matter given the ways in which the term was used.

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