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Intellectual and other property rights
Hello,
I’m wondering what the is the practice with apparel design intellectual and property rights? If I enter into a contract with a designer, am I entitled to receive the final kit (working drawings, illustrations, prototypes, scale models, templates, drafts, design sketches) or just the copyrights, manufacturing rights and patent rights for the contracted designs?
Thank you!
Edit -
2 Replies
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Hi Edit,
the general practice is that you or your company, that hires a contractor, owns all deliverables from the project. A contractor should only deliver results based on your directions. They are only doing the actual job, while the outcome belongs to you. It’s your brand and your product. If you encounter a designer who wants a different set-up, you should back off.
To make this clear, you need to include a paragraph in your contract with the consultant mentioning this. E.g.:
Intellectual Property
In the event that Intellectual Property is created, generated, arises under or
results from Consultant’s performance under this Agreement, all rights, title and interest in such
Intellectual Property shall vest exclusively with Company.or
Ownership Deliverables
Upon completion of the Design Services, and subject to full payment, A to give B all of its rights, titles, and interests in and to the deliverables (including intellectual property rights), and B will be the sole owner of it.Disclaimer. We are not lawyers, so this is not legal advice.
//Klas
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Thank you Klas! This is very useful!