Intellectual Property Clauses - 2 Employers

[VaguelyInteresting]

Hello-

Hoping there’s someone around with a good understanding of IP law who can help me with this...

I have 2 new fixed term employee contract jobs beginning soon.

Job 1- 3 days p/w in a creative role where I will undoubtedly create exploitable IP and will happily assign all rights to this IP to the employer. This is a profit making business.

The contract in this case is clear that all IP I create in the course of my duties is the property of my employer. This is expected.

Job 2- 1 day p/w in a strategic support role at a charity, where I am unlikely to create anything that would constitute exploitable IP BUT I may be asked to advise on or support the development of new project models which could be.

The contract in this case is vaguer in relation to IP and makes it less clear that there is a delineation between IP I create in the course of my duties and my IP generally.

The two jobs are in different but adjacent industries (think- Job 1 is working at a commercial record label and Job 2 is supporting the director at a venue that sometimes hosts commercial musical acts and also runs community music projects).

I am not concerned about my rights to any IP (just the nature of the job) BUT I am concerned about the potential for employer 2 to claim rights to IP I create for employer 1.

Am I overthinking this? Is it something I should raise with employer 1? Ignore it as a very slim chance of an issue? Or should I seek independent advice?

I’m sure I can get the clause in employer 2’s contract amended, but I’m just not sure what the best way forward is.

Thanks in advance!

Oh just to say- both employers aware of the other and supportive etc etc

I’d definitely not raise with employer 1 as they might just think it’s too big a risk and terminate the contract. I’d look to get the contract for employer 2 amended to make this less open. I’d recommend legal advice, but worse case you could always use the wording from contract 1 as a suggestion. Good luck, hope you get it sorted ok.

@CantHaveTooMuchChocolate

Thanks for the advice :)

Employer 1 has actually employed me before (for 5 years) and knows me very well; they will also be paying me 3x the amount Employer 2 will. If necessary, I would absolutely decline Employer 2’s job offer in their favour to ensure no concerns about their IP rights.

In the meantime...I’ve asked for Employer 2 to amend the contract to only the most strictly/direct IP rights possible and am awaiting a redrafted contract... they said they could do this happily, but they’re dragging their heels so I’m wondering whether they’re getting cold feet...

All horribly complicated and I’ll be honest- I’m wondering whether it’s worth it!

I think you're overthinking my dear!

I always do this with every contract when I start a new job and imagine all sorts of scenarios.

Then I remember that shit employers screw you whatever the contract says and good ones don't and think about the character of the people whove interviewed me and the company values.

Good luck!

[quote VaguelyInteresting]@CantHaveTooMuchChocolate

Thanks for the advice :)

Employer 1 has actually employed me before (for 5 years) and knows me very well; they will also be paying me 3x the amount Employer 2 will. If necessary, I would absolutely decline Employer 2’s job offer in their favour to ensure no concerns about their IP rights.

In the meantime...I’ve asked for Employer 2 to amend the contract to only the most strictly/direct IP rights possible and am awaiting a redrafted contract... they said they could do this happily, but they’re dragging their heels so I’m wondering whether they’re getting cold feet...

All horribly complicated and I’ll be honest- I’m wondering whether it’s worth it![/quote]
No problem I can sympathise, I’ve had to deal with similar IP clauses and other contract issues, is always stressful at the time, but well worth it for the peace of mind. Sounds like you’ve handled it perfectly, just don’t let employer 2 try and wrangle out of it (it sounds like they’re on board just slow) and don’t sign anything you’re not comfortable with! Good luck!

Get each agreement to refer to the other employment as an acknowledgment of each other. Focus on the definition of IP created in the course of the employment (under each agreement ) and have that definition expressly exclude IP created the course of the other (defined) employment.
How nice a label is hiring in house and not relying on consultants for a change!

Ps employer 2 does not have cold feet, they are a charity and are trying to deal with this situation using as little outside resource as possible. Can almost guarantee it! (Is it nordoff?)