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Message 1 of 6: Ed Trayner on 04/04/2012
Hi all

I have had communication into the office from a member looking for advice regarding the ownership of some materials (common issue). The outline of the issue is:

The member was prompted to devise an open training course and decided to invite a colleague (who had taken the same qualification as the member) to assist in the development and delivery of the course. The course has run a number of times and further instances are scheduled for this year.

The member has now been asked to write a similar course for a client. This cours will only require the member to deliver.

The colleague has indicated that as the open 2 day course was written jointly, the colleague has shared ownership of the intellectual property and copyright of the material and the member then cannot write another course for another client as this new course may compete with the existing course.

Can the member write another course for a client even though it will run in the same City and be of similar content? Can the colleague stop the member from pursing their business with other clients?

There was no written agreement at the outset; the arrangement was for mutual benefit.

I have my thoughts and have shared them with the member but I would welcome others.


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