protecting IP in outsourcing process
Hello
I am using an outsourcing development house to do some of the game code and art and want to make sure my IP rights are protected.
I am looking for a legal contract to secure my IP rights.
Any suggestions how to get one?
Thanks
When outsourcing any work (e.g., software, artwork, etc.) that you want to own or at least maintain control of, you need to have an agreement in place. This is especially true if the work (as here) is potentially copyrightable, since copyrights are only assignable via writing.
You should have a lawyer draft (or at the very least take a look at) the contract you're entering so that in addition to the copyright assignment language, which is admittedly not that complex, other provisions and protections such as infringement indemnities and original creation warranties are in place. Yes, there's an up-front cost involved, but it will more than pay for itself down the road if issues between you and the outsource provider (or potentially 3d parties) ever arises.
IANAL, but you should definitely get one.
It's always dangerous to rely on forms unless you know exactly what rights you want to protect, how those rights can be protected, and how those protections can be included in the form agreement. This usually takes the opinion of a lawyer who specializes in this kind of work.
Also ask your lawyer about NDAs and how to best preserve trade secrets.