antongorlin
30-11-2011, 7:04am
hello,
I'm working as a contractor for one company making some photos for them. And I wonder if I can showcase the photos created for them on my site. Not for selling, just like a piece of portfolio.
Here's a rights parts of the Agreement.
3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
3.1 Definition of Work Product. Photographer agrees to disclose in writing to Company all works of
authorship and other materials that Photographer may make, prepare or create, alone or jointly with others,
in connection with performing Services or that result from or that are related to such Services, whether or
not they are eligible for patent, copyright, mask work, trade secret, trademark or other legal protection
(collectively, “Work Product”).
3.2 Ownership of Work Product. Photographer and Company agree that, to the fullest extent legally
possible, all Work Product will be works made for hire owned exclusively by Company. Photographer
agrees that, regardless of whether the Work Product is legally works made for hire, all Work Product will be
the sole and exclusive property of Company. Photographer hereby irrevocably and perpetually transfers and
assigns to Company, and agrees to irrevocably and perpetually transfer and assign to Company, all right,
title and interest throughout the world in and to the Work Product, including all patent rights (including
patent applications and disclosures), copyright rights, mask work rights, trade secret rights, know-how, and
any and all other intellectual property or proprietary rights (collectively, “Intellectual Property Rights”)
therein throughout the world. At Company’s request and expense, during and after the term of this
Agreement, Photographer will assist and cooperate with Company in all respects and will execute
documents, and, subject to the reasonable availability of Photographer, give testimony and take such further
acts reasonably requested by Company to enable Company to acquire, transfer, maintain, perfect and
enforce its Intellectual Property Rights and other legal protections for the Work Product. Photographer
hereby appoints the officers of Company as Photographer’s attorney-in-fact to execute documents on behalf
of Photographer for this limited purpose. Company shall have no obligation to exploit the Work Product or
the Intellectual Property Rights therein and the failure to do so shall not result in the reversion of any rights
therein to Photographer.
3.3 Moral Rights. Photographer also hereby irrevocably transfers and assigns to Company, and agrees to
irrevocably transfer and assign to Company, and waives and agrees never to assert, any and all Moral
Rights (as defined below) that Photographer may have in or with respect to any Innovation, during and
after the term of this Agreement. “Moral Rights” mean any rights to claim authorship of any Innovation, to
object to or prevent the modification or destruction of any Innovation, to withdraw from circulation or
control the publication or distribution of any Innovation, and any similar right, existing under judicial or
statutory law of any country in the world, or under any treaty, regardless of whether or not such right is
called or generally referred to as a “moral right.”
3.4 Related Rights. To the extent that Photographer owns or controls (presently or in the future) any patent
rights, copyright rights, mask work rights, trade secret rights, or any other intellectual property or
proprietary rights that block or interfere with the rights assigned to Company under this Agreement
(collectively, “Related Rights”), Photographer hereby grants or will cause to be granted to Company a nonexclusive,
royalty-free, irrevocable, perpetual, transferable, worldwide license (with the right to sublicense)
to make, have made, use, offer to sell, sell, import, copy, modify, create derivative works based upon,
distribute, sublicense, display, perform and transmit any products, software, hardware, methods or
materialsof any kind that are covered by such Related Rights, to the extent necessary to enable Company to
exercise all of the rights assigned to Company under this Agreement.
so, can I just show the photos or should they be watermarked or I cannot show them at all?
I'm working as a contractor for one company making some photos for them. And I wonder if I can showcase the photos created for them on my site. Not for selling, just like a piece of portfolio.
Here's a rights parts of the Agreement.
3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
3.1 Definition of Work Product. Photographer agrees to disclose in writing to Company all works of
authorship and other materials that Photographer may make, prepare or create, alone or jointly with others,
in connection with performing Services or that result from or that are related to such Services, whether or
not they are eligible for patent, copyright, mask work, trade secret, trademark or other legal protection
(collectively, “Work Product”).
3.2 Ownership of Work Product. Photographer and Company agree that, to the fullest extent legally
possible, all Work Product will be works made for hire owned exclusively by Company. Photographer
agrees that, regardless of whether the Work Product is legally works made for hire, all Work Product will be
the sole and exclusive property of Company. Photographer hereby irrevocably and perpetually transfers and
assigns to Company, and agrees to irrevocably and perpetually transfer and assign to Company, all right,
title and interest throughout the world in and to the Work Product, including all patent rights (including
patent applications and disclosures), copyright rights, mask work rights, trade secret rights, know-how, and
any and all other intellectual property or proprietary rights (collectively, “Intellectual Property Rights”)
therein throughout the world. At Company’s request and expense, during and after the term of this
Agreement, Photographer will assist and cooperate with Company in all respects and will execute
documents, and, subject to the reasonable availability of Photographer, give testimony and take such further
acts reasonably requested by Company to enable Company to acquire, transfer, maintain, perfect and
enforce its Intellectual Property Rights and other legal protections for the Work Product. Photographer
hereby appoints the officers of Company as Photographer’s attorney-in-fact to execute documents on behalf
of Photographer for this limited purpose. Company shall have no obligation to exploit the Work Product or
the Intellectual Property Rights therein and the failure to do so shall not result in the reversion of any rights
therein to Photographer.
3.3 Moral Rights. Photographer also hereby irrevocably transfers and assigns to Company, and agrees to
irrevocably transfer and assign to Company, and waives and agrees never to assert, any and all Moral
Rights (as defined below) that Photographer may have in or with respect to any Innovation, during and
after the term of this Agreement. “Moral Rights” mean any rights to claim authorship of any Innovation, to
object to or prevent the modification or destruction of any Innovation, to withdraw from circulation or
control the publication or distribution of any Innovation, and any similar right, existing under judicial or
statutory law of any country in the world, or under any treaty, regardless of whether or not such right is
called or generally referred to as a “moral right.”
3.4 Related Rights. To the extent that Photographer owns or controls (presently or in the future) any patent
rights, copyright rights, mask work rights, trade secret rights, or any other intellectual property or
proprietary rights that block or interfere with the rights assigned to Company under this Agreement
(collectively, “Related Rights”), Photographer hereby grants or will cause to be granted to Company a nonexclusive,
royalty-free, irrevocable, perpetual, transferable, worldwide license (with the right to sublicense)
to make, have made, use, offer to sell, sell, import, copy, modify, create derivative works based upon,
distribute, sublicense, display, perform and transmit any products, software, hardware, methods or
materialsof any kind that are covered by such Related Rights, to the extent necessary to enable Company to
exercise all of the rights assigned to Company under this Agreement.
so, can I just show the photos or should they be watermarked or I cannot show them at all?