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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Sir/Madam I have authored an industrial training manual

Resolved Question:

Sir/Madam
I have authored an industrial training manual which has been used by my company to secure a cashflow with myself as the author but others using the training material to satisfy contractual industrial training (through training).
I am interested in securing copyright on this work. Can you advise me accordingly please?
Best Regards
Dr Paul.A.Potter
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify whether you are employed by the company you refer to please or whether you own the company?If you are employed by the company did you author the book as part of your employment or did you write it in your own time?
Customer: replied 1 year ago.

It's a complicated story! I work in the oil and gas industry and employer's main office is in Aberdeen. I live in Bangkok. 3rd quarter last year I was invited by another Aberdeen-based company to write a commercial master class 2 day course on Managed Pressure Drilling, I attended their lunch to discuss such options whilst remaining in the employ of my current employer: SUBC Engineering Company Ltd. Outside of my current employ and based on my own industrial and academic qualifications, the intention I would write the course and we would commercially launch this on a global scale. Conscientiousness got the better of me and I 'spilled the beans' to my own employer boss: Mr. Colin Burney. He suggested that we 'do this in-house', which I did in 3 1/2 months. We (the company) have used this course material to generate a cash flow in in the 1st quarter of this year. However, I think it may be prudent ot apply for copyright on this work.

Your advice most welcome !

Best Regards

Paul Potter

Expert:  Joshua replied 1 year ago.
Thank you for the above. So to be clear you wrote the manual whilst you were being paid by your employer. Is that correct or is that not a fair summary?
Customer: replied 1 year ago.

Joshua

In the oil and gas industry, specifically in the consultancy business, we work days on (based on a day rate) and what we do in days off is mainly our own business!! I have been meaning to write this for a long time and now I have - with or without the employer. So, in answer to your question, I wrote this, quite truthfully, in both company hours and in my own time. Through this previous festive season, there was a 'push' on completion and this was by 3rd week Jan 2015. This was successfully completed to satisfy a commercial industrial training contract which was fulfilled.

Best Regards

Paul Potter/

Expert:  Joshua replied 1 year ago.
thank you. In terms of your original question, copyright arises automatically in the work and you do not need to formally register the work anywhere the copyright to arise. It arises automatically as work is done. however, it can be sensible to register your work in case there is any dispute by any third party in the future that they created the work rather than new or that they created a work first which you have copied.UK copyright service offers a service which enables you to register your work for a small charge. This establishes both that you were the author and the date you created the work and this can assist if there is a future dispute as to who wrote the work or who created the work first. You can register your work with the service using the following link:https://secure.copyrightservice.co.uk/register/reg_online As far as the above is concerned this is relatively simple however I'm concerned that you may have created yourself the potential for a dispute as to who owns the work owing to how you created it. The starting point is that if you create a work whilst in the employee of an employer, the rights to that work belong to your employer rather than you unless there is an express agreement with the employer to the contrary. By creating the work partly whilst you are being paid by the employer and partly whilst you were not, creates the opportunity for the employer to claim rights to the work or at least some of it themselves. This is particularly a concern where the rights have value. Accordingly, you may need to give consideration as to how to best deal with this potential dispute. If for example it was not clear that you had written the work whilst being paid by your employer to do so, then this would give you grounds to defend any claim by your employer to the work. If you concede that you created the work either entirely or largely whilst being paid by your employer then the claim by your employer to the work is likely to have substantial merit. Alternatively, you may wish to discuss the matter with your employer if you do not believe there is likely to be a dispute. If you can either grip agree with your employer that you own the copyright or alternatively you claim copyright on the basis that he created the work or much of it was not in the employee of your employer, then you will hold the rights to the work and can licence the publication or use of the work to your employer and third parties as you wish either in return for monetary compensation or free of charge. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 1 year ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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