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Ask SS Legal Advisor Your Own Question
SS Legal Advisor
SS Legal Advisor, Advocate
Category: Law
Satisfied Customers: 761
Experience:  Senior Caseworker at DL Solicitors
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My question is two-fold: UK, Read through contract, My

Customer Question

My question is two-fold:
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: Read through contract
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My questions are: the contract was written in 2017 and was for 6 months as a freelancer, however, this then became a full-time employee role for which no contract was written up. So my first question is, would the previous contract, which delineates the same requirements still be valid? If so, second question is on the IP clause which states IP is Client's and cannot be used without their permission (we are a commercials production company and therefore create content) -- so, if I were to set up my own company or start as a freelancer, would I be able to show that work on my site as long as it's noted that I was the producer or director, but the work was done as part of the current company?
Submitted: 9 days ago.
Category: Law
Expert:  SS Legal Advisor replied 9 days ago.
Hello,
I am an experienced legal advisor and I am happy to answer your question.I would argue that at the point you became an employee a new contract was commenced which ought to have a new written contract to cover the terms of your employment.Failing that you are not subject to the old contract as that contract had an expiry date or timescale.Unless it was implied or explicitly stated that those terms remain in place you would not be subject to those terms. However, it is generally accepted that IP created whilst in the course of employment belongs to the company.You would be best protected by creating your own IP.Kind regards
S
Customer: replied 9 days ago.
Understand both points. With the latter, even if stating work was done for the employer and only delineating role played in creating that IP, would it be risky to share publically?
Expert:  SS Legal Advisor replied 9 days ago.
You would put yourself at risk of a claim for breach of IP which would come with damages claims.If you create something from scratch even if similar you would be protected with your own IP.
Customer: replied 9 days ago.
Noted thanks!
Expert:  SS Legal Advisor replied 9 days ago.
Happy to help, please do rate the answer in the top right.