Agreed. Also, this is they reason that we have Court rules to permit a repeat plaintiff to be declared a "vexatious litigant".
this type of crap clogging our legal system costs us ALL.
The email in question wasn't spam, it was a direct user-to-user email, albeit with a marketing purpose, but that's not illegal.
Hi... I'm a lawyer who works in this field quite a lot, and have a few pointers for you.
Some have offered the advice to take a pass at writing up your own contract terms before visiting a lawyer... I think it better to just write out the bullet points, let the lawyer draft the contract language. It'll save the lawyer's time because he doesn't have to decipher your meaning, just the fundamental issues.
Some have pointed to "sample" or "model" contracts. These are a great tool and will help you identify the issues. If you give them to the attorney you hire, it'll save lots of research time, and consequently save you money.
Although the Work Made For Hire doctrine has been thrown around here quite a bit, it IS possible to contract AROUND the basic rule. HEre's the deal: Basic Rule = employee's work product created during work hours belongs to the employer. Similarly, in certain circumstances, work product created during off-work hours (if of the type normally created during work) may belong to the employer too. In fact, some employers reach even farther... claiming to own EVERYTHING you create while on their payroll, regardless of when, where or why created. SO, your employment contract should state VERY clearly the scope of your work responsibilities, hours, and the nature of ownership of the results and proceeds of your efforts. As I said, It IS possible to make ownerhsip of your intellectual property a part of the contract... think of it as part of your compensation.
You're well advised to get a lawyer working on this for you. the few hundred dollars it costs will be well spent.
Good luck,
-Gordon Firemark
Slashdot Mirror
Agreed. Also, this is they reason that we have Court rules to permit a repeat plaintiff to be declared a "vexatious litigant". this type of crap clogging our legal system costs us ALL. The email in question wasn't spam, it was a direct user-to-user email, albeit with a marketing purpose, but that's not illegal.
Hi... I'm a lawyer who works in this field quite a lot, and have a few pointers for you. Some have offered the advice to take a pass at writing up your own contract terms before visiting a lawyer... I think it better to just write out the bullet points, let the lawyer draft the contract language. It'll save the lawyer's time because he doesn't have to decipher your meaning, just the fundamental issues. Some have pointed to "sample" or "model" contracts. These are a great tool and will help you identify the issues. If you give them to the attorney you hire, it'll save lots of research time, and consequently save you money. Although the Work Made For Hire doctrine has been thrown around here quite a bit, it IS possible to contract AROUND the basic rule. HEre's the deal: Basic Rule = employee's work product created during work hours belongs to the employer. Similarly, in certain circumstances, work product created during off-work hours (if of the type normally created during work) may belong to the employer too. In fact, some employers reach even farther... claiming to own EVERYTHING you create while on their payroll, regardless of when, where or why created. SO, your employment contract should state VERY clearly the scope of your work responsibilities, hours, and the nature of ownership of the results and proceeds of your efforts. As I said, It IS possible to make ownerhsip of your intellectual property a part of the contract... think of it as part of your compensation. You're well advised to get a lawyer working on this for you. the few hundred dollars it costs will be well spent. Good luck, -Gordon Firemark