Clause too far in a consultancy agreement? ناشر الموضوع: Chris Hughes
|
|---|
Chris Hughes 
المملكة المتحدة
Local time: 19:35
ألباني إلى أنجليزي
+ ...
Hello all,
Apologies if this is the wrong forum for this question, but I wonder whether anyone can offer some reassurance that I am not being paranoid over a clause in a consultancy agreement that I am about to sign with an agency!
The agency has a very good Blue Board rating and a good reputation, and I have no reason at all to doubt that it's all in good faith, but I've signed many, many contracts with agencies and have never come across an intellectual property rights claus... See more Hello all,
Apologies if this is the wrong forum for this question, but I wonder whether anyone can offer some reassurance that I am not being paranoid over a clause in a consultancy agreement that I am about to sign with an agency!
The agency has a very good Blue Board rating and a good reputation, and I have no reason at all to doubt that it's all in good faith, but I've signed many, many contracts with agencies and have never come across an intellectual property rights clause that states:
"The Contractor irrevocably appoints the Company to be his attorney and in his name and on his behalf to execute and do any such instrument or thing and generally to use his name for the purpose of giving to the Company the full benefit of this clause XX". The clause concerned being the one relating to waiving my right of intellectual property over my translations.
Now, I'm used to that being a part of agency contracts, but I've never come across wording quite like this ("generally to use his name", in particular), and it's made me hesitate over signing the contract.
Am I just being paranoid, and have others routinely signed contracts stating just this?
With many thanks for any help! ▲ Collapse
| | | | David Wright
النمسا
Local time: 20:35
ألماني إلى أنجليزي
+ ...
| Perhaps not too worrying | Oct 8, 2012 |
The wording makes it clear that they can use your name if they need to obtain the copyright or other IP rights to your translation in any way that might become necessary, eg by having to sign documents. The "generally to use your name" only relates to obtaining the IP rights. It is an odd term indeed, but I don't think it's anything to worry seriously about.
| | | | | Is it relevant for an agency? | Oct 8, 2012 |
It sounds more relevant to an agreement with the end client, where he'll want to have every means available to him to ensure he gets/keeps ownership of the translation. But an agency shouldn't be seeking ownership, should it?
Anyway, if you've revoked all claim to ownership (in the other clause), why is this one necessary?
I must admit to being easily confused by convoluted statements of this type. Could someone 'translate' it into Plain English? ... See more It sounds more relevant to an agreement with the end client, where he'll want to have every means available to him to ensure he gets/keeps ownership of the translation. But an agency shouldn't be seeking ownership, should it?
Anyway, if you've revoked all claim to ownership (in the other clause), why is this one necessary?
I must admit to being easily confused by convoluted statements of this type. Could someone 'translate' it into Plain English?
I don't know about you being paranoid, Chris, but it sounds as though the agency might be. ▲ Collapse
| | | | | Ask them to withdraw these clauses | Oct 8, 2012 |
... and listen what they say. This will (1) prove who is paranoid; (2) you'll be sure they'd never use your your name 'generally' (d'U know how far this could lead?); (3) you'll probably keep your translation property rights; (4) you'll probably loose them...
| | |
|
|
|
Chris Hughes
المملكة المتحدة
Local time: 19:35
ألباني إلى أنجليزي
+ ...
بادئ الموضوع | On balance, I'm not signing | Oct 8, 2012 |
Many thanks, David, Sheila and Torao-O for your helpful advice and responses. It really is appreciated.
Given that I had an 'uneasy' feeling about signing up to this wording in the first place, on balance I decided not to sign and have informed the agency of that.
No doubt that'll be one agency I won't be working with now (unless they offer to alter the wording!), but I'd rather live with that than find my name being used "generally"...
Thank you again.
| | | | To report site rules violations or get help, contact a site moderator: You can also contact site staff by submitting a support request » Clause too far in a consultancy agreement? | Protemos translation business management system | Create your account in minutes, and start working! 3-month trial for agencies, and free for freelancers!
The system lets you keep client/vendor database, with contacts and rates, manage projects and assign jobs to vendors, issue invoices, track payments, store and manage project files, generate business reports on turnover profit per client/manager etc.
More info » |
| | Trados Studio 2022 Freelance | The leading translation software used by over 270,000 translators.
Designed with your feedback in mind, Trados Studio 2022 delivers an unrivalled, powerful desktop
and cloud solution, empowering you to work in the most efficient and cost-effective way.
More info » |
|
| | | | X Sign in to your ProZ.com account... | | | | | |
Login to reply/comment 
Translation news
