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Written by : Jenise Tero
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can you share the material that's being created for you under a contract well stick around and I'll tell you all right Simon even the contract company contracts that's what we do all day every day and sometimes overnight I know what you think I'm lucky yes they're cool right oh so you've entered into a contract with another party and they are creating material which is protected by intellectual property rights such as copyright and you want to know whether you can share that a material they created for you with someone else so let's use an example let's say I engage KPMG I'm paying KPMG they're providing services to me and they're going to create a whole lot of documents and reports so can I share that material created by KPMG with someone else well the answer to the question lies in the contract you've signed with KPMG so you need to look at the terms and you want to see basically who owns the IP now if you own the IP that means you own the intellectual property rights in the material they've created assuming it's drafted correctly which they usually are and that means that because you own it it's yours you can do what you want with it so sure share it with whoever you want now where about some clauses or contracts will actually say that KPMG owns the IP so what do you do then well usually while they own the IP you would have a right to use that IP so before you go sharing it with someone else you need to check the contract to see what it says in relation to your license to use that material now if the license has been drafted by only you'll have every right under the Sun to use it but if it hasn't been drafted by me unbelievable I know but if it hasn't then you want to look for things like can you use it or for or can you use it for any use can you exploit it can you commercialize it can you use it for any purpose you want to look for broad statements like that to ensure that you have the right to farm it off or pass it over to a party one other thing worth mentioning is that if there is no written contract between you and summer like KPMG that the common law basically says that because you paid them for that material they still own it but you have a broad license to use now usually that license is only for your internal business purposes so if you need to share that information with someone else because they are going to provide a service to your organization then you're probably going to be fine if you wanted to share that with someone else so they could then make a commercial product from you know those books or manuals or reports then you might have some problems anyway I hope that helps as always it comes down to what's written in the contract if you have any questions about this video please feel free to get in touch so I'm going to contract company.com today you or one eight hundred three five five four five five and if you didn't mind it why don't get like down below and feel free to share this with anyone you think could benefit from it thanks very much
Thanks for your comment Joshua Garib, have a nice day.
- Jenise Tero, Staff Member
intellectual property is about sharing to many people intellectual property is about protectionism and excluding access whereas the opposite is actually true intellectual property is about sharing this is john pryor for the last 20 years i've been helping businesses win with ip why is it about sharing well it's essentially a construct a legal construct or management construct that allows you to share your creations and innovations and be recognized acknowledged and in theory rewarded for those ip developments so in essence it facilitates sharing in an organized manner and fashion to the benefit of the creator but also to the benefits of others and that they are able to share and learn and develop from the creations of the origin
Thanks innefraN your participation is very much appreciated
- Jenise Tero
About the author
I've studied policy sociology at Central Christian College of Kansas in McPherson and I am an expert in occupational health psychology. I usually feel listless. My previous job was special education administrator I held this position for 15 years, I love talking about whittling and atving. Huge fan of Gary Oldman I practice shooting and collect beanie babies.
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