Contractor IP

An exception to shop right in most jurisdictions is the presumption, absent contractual provisions to the contrary, that a client only has an implied license to IP created by a contractor or consultant while the contractor or consultant retains full ownership and rights to use, license, etc. If there is no written agreement with the contractor or consultant, this interpretation will typically always apply. Because the implied license is unwritten its scope may be vague and uncertain – it may for example apply only to the contracted for products or services, or it may cover evolutions of those products, or it may allow further products to be developed by the client, depending on applicable law. It is therefore important to always clarify this issue with contractual provisions. See Marriage Contract First.

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