Consulting Agreement Intellectual Property Clause

[PART A] retains all shares and ownership of the licensed intellectual property, with the exception of the rights granted [to PARTY B] in the „License Grant“ section. The use of the intellectual property licensed by [PART B] and the accumulated goodwill shall be for the exclusive benefit of [PART A]. Retain ownership of existing intellectual property. Except for the rights granted when licensing this Agreement, each Party retains all interest and ownership of its intellectual property that existed prior to this Agreement or that has been developed outside the scope of this Agreement. Employees of another institution may have obligations to their institution that conflict with the IP terms of a consulting contract. Each party retains the intellectual property. Subject to the following paragraph [LICENSE TO PARTY A], each party retains the exclusive interest and ownership of its intellectual property developed prior to this Agreement or outside the scope of this Agreement. A contract is not just an agreement to exchange goods or services for money or other compensation. A contract also defines the rights and obligations of the parties with regard to the other and the work performed. When it comes to knowledge and creative workers, the only thing they act with is their knowledge and creativity. But all too often, consultants, independent contractors and particularly creative freelancers do not give up their intellectual property, the fruit of their work, for nothing. The person responsible for this intellectual property rights task is the Work for Hire Doctrine.

When a knowledge worker or creative professional is hired by a larger organization as an independent subcontractor, the larger organization often contains in its contract a language that states that the customer organization retains all copyright and intellectual property rights in accordance with the Work for Hire doctrine. Since the knowledge worker or creative thinks he is being „hired“ for a job, he simply assumes that he has no intellectual property rights over the work they produce. Ownership of the company.