I am in the process to send a service agreement to my clients. I am stating that Intellectual Property related to all promotional material created while in the service agreement by my company will be owned by the Consultant instead of the client. Examples of these are:
- In-store promotional material that have to do with the service I am providing to the client
- Other arts and graphics designed by me (consultant) while engaged in this service agreement
Basically, I am charging my clients for an ongoing service, I am providing graphics/arts in order to provide this service. I am trying to avoid a client engaging in my service for 2 months so that they can stay with all art/graphics and IP behind our marketing experience.
Does this make sense? Is this a good way of protecting my IP?
If the client stops the payment, then I collect the arts, and stop my service. At least in theory it sounds good. What do you think?
This is what I got from another service contract. As an example:
All rights, titles and interests in and to the programs, systems, data, reports, audio and video materials, databases, or other materials used or produced by Consultant in the performance of the Services called for in this Agreement, including any modifications, enhancements, or derivative works thereof, shall remain or become the property of Consultant.
I just noticed that is not understood that the client is not hiring us to make art. They are paying us to help them with their customer service. In order for us to do this, we will need some art-work. Is not required that we make it, but is encourage. We will be fine for them to make their art-work somewhere else, but if they don't we will eat that cost.