Don’t Grant Feedback Licenses or Assignments
Feedback licenses and assignments create a mess for the customer. And they’re not necessary for the vendor. Here’s a better clause.
IP Issues in Tech Contracts (LinkedIn Live Discussion)
We recently discussed typical IP issues in tech contracts, live on LinkedIn. If you have a LinkedIn account, you can watch the program, which lasts just 25 minutes … and costs nothing. Just click the image below.
3rd Edition on Sale — The Tech Contracts Handbook!
I’m excited to announce the third edition of my book, THE TECH CONTRACTS HANDBOOK. You can buy a paperback or e-book from Amazon and other retailers or direct from ABA Publishing. It’s for both lawyers and businesspeople, including contract managers and procurement staff. (It’s selling fast, but don’t worry if Amazon says “out of stock.” […]
IP Indemnity Exception: “Registered after the Effective Date”
Some intellectual property indemnities exclude claims about IP registered after the contract’s effective date. The tech provider argues that it shouldn’t be responsible for IP it didn’t know about when it created its product — or at least when it signed the contract. “If we couldn’t have known about that IP, it’s not our fault […]
Don’t Grant Feedback Licenses (Do this Instead)
Please click here for an updated version of this post. The feedback license appears in many tech contracts. It usually gives the vendor a broad, perpetual license to any “feedback” from the customer’s staff: any suggestion about the vendor’s products and services. Sometimes the clause goes further, assigning ownership of feedback to the vendor. (Click […]
Mistakes Triggered by the Many Meanings of “Intellectual Property”
By David W. Tollen Tech industry professionals use “intellectual property” to describe two different creatures. They also use “IP lawyer” for a broad list of professionals with little in common. Few recognize the many meanings of “intellectual property”, so the term creates a lot of confusion — and screws up lots of contracts and other legal […]
New Form: Consulting Services Agreement
We’ve posted a new contract in the forms library — and it’s available to you in MS Word (no charge, as always). The new form is for professional services by a consultant. It’s friendly to the consultant, though it does give the company ownership of any IP generated on the job. It also includes confidentiality […]
The Anti-NDA for Idea Submissions (Instead of the “Feedback License”)
In an earlier post, I explained that the standard “feedback license” arises out of a misunderstanding of IP — and generally asks too much from the would-be licensor. After some kvetching in the comments from Professor Eric Goldman, I suggested a “Disclaimer of Idea Restrictions” instead of a feedback license. Since then, I’ve expanded on […]