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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Work For Hire Renouncing rights to copywrite & Non Disclosure

Resolved Question:

Work For Hire Renouncing rights to copywrite & Non Disclosure Agreement (Service provider in US and Client in UK).

I am outsourcing a job to a freelancer for content writing for a book that I will publish. I am using a freelancer via a specialist freelance website which has standard document templates and wanted to check which document (if any) is suitable for the specific requirements I have:

I need the freelancer to agree that:
1. He assigns all rights to me and that he will retain no rights to the content created.
2. I will be able to publish the work under a different name.
3. That the writer will not disclose the material/content produced to any third party and also not use it as one of their samples of writing for potential clients.

As I don't think there is an option on justanswer to upload the 2 documents for you to review to answer this question, please refer to the website link to locate the 2 documents:

http://help.elance.com/entries/34758-Sample-Contract-Agreements

1. Sample Non Disclosure Agreement
2. Sample Client/Service Freelancer Agreement

Please advise if the Client/Service Freelancer Agreement (Standard Services Agreement) is the right one to use based on Section 2.1:

2.1 Intellectual Property Rights

Does this paragraph cover everything I need?

Are there any other paragraphs which I should delete or is there another more appropriate template that you can refer me to use or even draft for me?

I just need a simple agreement to cover the 3 points above so do not want a long over complicated document or a document that will restrict me in any way over the use of the material.

I am based in the UK and the freelancer I have chosen to award the work to is in the US. The job was advertised on the website and all communication with one another is logged on my account on the website.

Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I have reviewed the sample agreements on the website and the sample client / freelancer agreement is sufficient to cover your requirements of the freelancer assigning all intellectual property rights including copyright in any material specifically produced for you which means you would be free to use it under a different name.


I am not sure that the sample non disclosure agreement covers your requirement and the sample covers all material disclosed by you to the freelancer, but not the work that the freelancer has done for you.

You may ask include a paragraph in the sample client freelancer agreement that the service provider I.e. The freelancer shall keep all Material confidential at all times and not disclose it to any third party unless expressly authorised to do so by the Buyer in writing, or unless required to do so by any applicable legislation or unless ordered to do so by a court of competent jurisdiction.

Hope this helps

UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your reply.


 


Can I simply copy your paragraph as an additional paragraph into the client/freelancer agreement to cover the 3rd point?


 


So it would follow as point 2.2 after 2.1 Intellectual Property Rights


 


'The Service Provider shall keep all Material confidential at all times and not disclose it to any third party unless expressly authorised to do so by the Buyer in writing, or unless required to do so by any applicable legislation or unless ordered to do so by a court of competent jurisdiction.'


 


Also, can I delete paragraphs if I so wish? Are there any paragraphs that I should delete that could be negative for me or give more protection to the freelancer?


 


Many thanks


 


 


 


 

Expert:  UKSolicitorJA replied 3 years ago.
Yes you may copy and paste my proposed wording.

I have only looked at the specific 2.1 section, if you want me to look and advise on the other areas, please open a new question asking for me only to deal with your query.

Thank you
Customer: replied 3 years ago.

In my original question, I did ask:


 


'Are there any other paragraphs which I should delete or is there another more appropriate template that you can refer me to use or even draft for me?

I just need a simple agreement to cover the 3 points above so do not want a long over complicated document or a document that will restrict me in any way over the use of the material.
'


 


I assumed that you would look over the whole document to ensure you were answering the question in full, especially in case any other paragraphs in the document may have contradicted 2.1.


 


As I did ask in my original question if there were any paragraphs I should delete, I do not feel it should be an additional question...


 


 


Expert:  UKSolicitorJA replied 3 years ago.
I have looked at the other sections as well and they all seem fine. I would not add anything or delete anything from the draft agreement.

All the best