[ SHOWGSD-L ] Re: The reason for a contract
- From: Wasatchgld@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Fri, 18 Aug 2006 11:30:30 EDT
I agree, contracts are critical for every business transaction. I've rarely
had problems (and never a serious one) when I've had written contracts.
That hasn't always been the case when I've trusted someone's word - so
I now use a contract even with someone I know and believe I can trust.
In this case, Gail's contract would be the one the GSDCA would count
on, unless they granted her a variance for her employee's work.
Anything they produced should be covered under the same terms
as if Gail did it herself. As her agents, if she didn't ensure her
own requirements were meant, any legal action that comes against
the club from their not producing work under her terms, would
probably come back on Gail herself. I would hope that won't
happen!
BTW - a contract for work produced by a contractor CAN state
that the finished product will be owned by the company that hired
them. Large corporations and government agencies contract
applications that incorporate trade secrets and copyrighted
processes. There is NO WAY they would pay someone to develop
those, if the contractor then had a right to sell it to someone
else! In fact, the contracts usually have some very severe legal
penalties if any part of the application goes anywhere it
wasn't intended for. Could you imagine the problems we
would have if the contractors used by Homeland Defense
had the right to sell their products to Iraq or Iran?
Once again, it depends on how well the contract with Gail was
written! If it was done by someone who knew what they were
doing, the club should be within their rights.
Janice
In a message dated 8/18/2006 6:54:03 A.M. Mountain Daylight Time,
Pinehillgsds@xxxxxxx writes:
In a message dated 8/17/2006 11:27:18 P.M. Eastern Standard Time,
ELG440@xxxxxxx writes:
In a message dated 8/17/2006 7:02:08 P.M. Pacific Standard Time,
john@xxxxxxxxxxxxx writes:
In the case of work for hire, if copyright is involved, it is usually
owned by the client.
You are correct, but the difference between work for which you are hired,
and an independent contractor is who owns the process. That and the way
taxes
are paid are the two differences. Most employees sign an agreement that
anything they develop or discover while employed belongs to the employer.
As an independent contractor, it is the exact opposite. That often is why
some people insist on being an employee and some want to be an independent
contractor.
Does anyone care about this stuff?
Isn't the law a kick?
Evan
ME! <VBG>
Actually, as an independent contractor, I knew, lol, when I asked the
question yesterday:)))) Evan clarified it so beautifully though (I was
hoping he
would and he did!). And in the meantime, it was entertaining to read all
of
the opinions from those who thought they "knew" and suggestions that we
actually "google" to see "what is done". <VBG>
Geeze, does that mean when I want an opinion on something of importance,
all
I need go is "google"? NOT! That's not how I run my business of my
personal matters:)
NOW, we have Evan's learned legal opinion clearly presented to us; it's
clear the items mentioned in the infamous memo should NOT be used, so it
will be
interesting to see what actions the new editor and board takes to protect
the
Review and the PC.
Also of interest, had the parties involved defined what happened to the
work
product developed during the course of their relationship upon the
termination of their relationship , we wouldn't need this conversation.
Guess a
lawyer is the best place to go for legal advice after all:)
Kathy
member GSDCA, DVGSDC
three generations of Dual Titled Champions live here!
visit _Pine Hill German Shepherd Dogs_
(http://www.geocities.com/pinehillgsds/)
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