Questions and Answers
What type of agreement may allow an employer to assume ownership of copyrightable works created by employees?
Employment contract
Independent contractors or consultants always maintain ownership over their copyrightable works.
True
Works created by PT contractors/consultants should have clear ownership agreements in place to avoid disputes over copyright __________.
ownership
In the presence of a consulting services agreement, how should the PT handle requests to perform tasks outside the agreement?
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A proposal for consulting services is generally seen as an offer that forms the basis for the consultant-client agreement.
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Who usually has the legal authority to bind a company when signing a consulting services agreement?
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Copyrightable works created by PTs are automatically protected when they are created in a 'fixed' form, such as written on paper, saved on any form of computer storage, or recorded by __________ means.
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Study Notes
The PT as Consultant: Contract Issues
Basics of Consulting Services Agreement
- A consulting services agreement is essential for PT consultants to protect their rights and clarify the terms of the project
- The agreement must be signed by both parties and should include:
- A statement acknowledging the consultant's status as an independent contractor
- A thorough description of the scope of services
- Terms and conditions, including responsibilities of each party
- Anticipated date of service completion
- Statement identifying who owns intellectual property developed during the project
- Signatures of the consultant and an individual with authority to bind the contracting company
Common Mistakes PT Consultants Make
- Failing to obtain a written agreement signed by an authorized representative of the client company
- Not providing a clear description of services and responsibilities
- Performing work outside the scope of the agreement
- Not discussing ownership of intellectual property created during the project
Signing the Consulting Services Agreement
- Ensure the person signing the agreement has legal authority to bind the company
- Verify that the person has the necessary authority and is not just a representative of the company
Description of Services and Responsibilities
- Clearly identify the services to be provided and the responsibilities of each party
- Include details on pricing, space, equipment, supplies, and support staff essential to the consultation service
Handling Requests for Services Outside the Scope of Agreement
- Draft a written memorandum of understanding or amendment to the original agreement
- Outline the terms and costs of the new service request
Ownership of Intellectual Property
- Copyright protection applies to original works of authorship, including literary works, pictorial or graphic works, motion pictures or other audiovisual works, and sound recordings
- The original author of the work owns the copyright, unless created as an employee within the scope of employment or under a "work-for-hire" arrangement
- PT consultants who create copyrightable works as independent contractors maintain ownership unless otherwise specified in the agreement
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