A first for ME&W

[JasonBModerator @jasonb]

There are probably only a few new authors who have been sent that agreement and I expect most don’t frequent the forum. As I said Neil will have an “author pack” ready to send out. I only have the older ones.

[John Haine]

On John Haine Said:

Surely someone could just copy the definitions of the “the Work” and “the Material” for me please? Or provide a copy of the whole agreement?

I could only comment on the extract that Jason provided, John

… I have never seen, and am unlikely to ever request, the whole agreement.

MichaelG.

[Dave SParticipant @daves59043]

Work is defined as the specific commission by Kelsey media for the article. Ive paraphrased slightly.

FWIW the contract is pretty short and typical of what I would expect for a commission a piece of work type thing. They own the work they commissioned.

(I worked in consultancy and it’s not dissimilar)

Dave

[John HaineParticipant @johnhaine32865]

Thanks for the input. The reason why the definition of “Work” is critical is that clause 6 which Jason provided demands that one assigns ALL ipr in it to Kelsey. If the work includes a significant innovation which one might have patented, are they saying that it should be assigned? Bonkers to accept such an agreement.

[Dave SParticipant @daves59043]

If the work includes a significant innovation why are you writing it into an article for a hobby magazine?

The work is the commission – which I think you could argue was for an article about the thing, not the thing itself.

Not a Lawyer and have never played one on TV.

[JasonBModerator @jasonb]

As what appears in the Mag is generally not commissioned, I am not sure how it would stand up to scrutiny. Though I would have thought they would also have a contract for Freelancers who submit work?

This is why Neil is trying to get them to use one similar to the old Mortons Contract where they just get the one time publishing right and the author remains free to do whatever they want with the material.

Neil probably needs to be a bit careful when asking for articles as “whave you considered writing it up for the mag” and “can you write that up for the mag” could be taken differently.

[Michael GilliganParticipant @michaelgilligan61133]

[ caveat … I still have not seen the full text ]

The remarks by Dave S are very helpful

The clause in question is standard ‘boilerplate’ in a contract for commissioned work of many types.

As Jason has correctly observed, it is not really appropriate to unsolicited offerings by enthusiastic amateurs … but the fact remains that if it is agreed, then it should stand.

My advice is that you should think carefully about the value of your Intellectual Property before choosing to give it away.

[i.e.keep your precious cat safely in its bag]

.

There is a real need for a simpler, and softer, agreement in the amateur to business relationship … but to the best of my knowledge no-one has ever drafted the right words.

MichaelG.

[Not a Lawyer, but have worked with a few: I earned my crust for several years as a consultant “Commercial/Contractual Specialist”]

 

 

[Nicholas FarrParticipant @nicholasfarr14254]

Hi MichaelG, you can always ask Neil, although he may send the complete author pack, as JasonB has said.

Regards Nick.

[Michael GilliganParticipant @michaelgilligan61133]

It’s fine thank you, Nick

… I have no desire to see the full document; my own position is already clear.

MichaelG.

[Michael Gilligan]

On Michael Gilligan Said:

[ caveat … I still have not seen the full text ]

The remarks by Dave S are very helpful

The clause in question is standard ‘boilerplate’ in a contract for commissioned work of many types.

As Jason has correctly observed, it is not really appropriate to unsolicited offerings by enthusiastic amateurs … but the fact remains that if it is agreed, then it should stand.

My advice is that you should think carefully about the value of your Intellectual Property before choosing to give it away.

[i.e.keep your precious cat safely in its bag]

.

There is a real need for a simpler, and softer, agreement in the amateur to business relationship … but to the best of my knowledge no-one has ever drafted the right words.

MichaelG.

[Not a Lawyer, but have worked with a few: I earned my crust for several years as a consultant “Commercial/Contractual Specialist”]

 

 

This is exactly the problem. I have copies of both contracts, the old Mortons one is pretty good for the amatuer-to-business aspect (as previously summarised by others, they got to publish it once and you kept all the rights).

Another clause in the Kelsey (Clause 5) contract covers safety liability. Which is expected, but to my untrained eye it doesn’t specifically exclude liability for injuries as a result of someone following your articles after publication.

I’m not sure rewriting/redrawing your work would get round the IP issue, as it is still derived from the same thing. No different to if I rewrote/redrew someone elses work and published it as my own.

I hope this does get sorted out properly. Problem with things like this is it’s all very well informally agreeing things, but what happens when new people come in and decide they can squeeze you for a few quid? The sort of Vulture capital firms that buy up magazine publishers aren’t known for their relaxed attitude to their IP, and legal fees can still bankrupt the innocent.

[PippinParticipant @phillspowart84010]

To try and be slightly more on the original topic. I much prefer the current ME&W, there’s a nice mix of interests. Both 3D printing articles were good reads, I’ve passed the mag round at work to our 3D print enthusiasts, perhaps they will buy the next issue. The IMLEC/LittleLEC stuff isn’t really my area of interest, but I accept that it will be to others. Club news is interesting, but a little frustrating when something that sounds fascinating is mentioned that I have no realistic means of actually getting to read!

I would be VERY interested in the spark eroder, they are very useful things. Especially for us ham fisted types who build things with tiny tapped holes.

[Michael GilliganParticipant @michaelgilligan61133]

Two excellent posts, Pippin !

… and I couldn’t agree more regarding Noel’s Spark Eroder

MichaelG.

[Author]

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