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Do you think that you have been proportionately rewarded for your contribution considering the profits gained by the other chap?
Hard to say, as I don't know sales figures for the bike - and of course it's still selling. I think I was adequately (though not excessively) rewarded for the number of hours, parts and materials I put in.
smells funny to me. I'd be wondering what he doesn't want you to disclose...
Hard to say, as I don't know sales figures for the bike - and of course it's still selling. I think I was adequately (though not excessively) rewarded for the number of hours, parts and materials I put in.
Fair enough. Just tell him you'll sign in return for one of the bikes you helped design in lieu of profit share 😀
OK new offer time
10% of his take for life (Sir Alec knew a thing or two)
He was one of the few cast members who believed that the film would be a box office hit; he negotiated a deal for 2% of the gross royalties paid to the director, George Lucas, who received one fifth of the box office takings.
Or Just insist that in minimum 24pt font in contrasting colours on every bit of advertising it states that "The would not have been possible with out the genius that is BenCooper" and a decal on every stay 🙂
As others have said, any NDA should be prospective and is there to protect intellectual property in the first instance. You have been rewarded for your input as a lump sum and settlement on future royalties. That does not, however, prevent you from disclosing that you had input into the design and original fabrication.
In fact, in the event that the design goes on to be a huge success, it would be in your interest NOT to sign. You could then legitimately claim to have had input.
Town bike without seatstays, and a funky chainguard, perchance? Seems to be taking off now after a slow start.
I'd suggest he is looking for external investment in his business (or planning to sell it, or the designs) and someone has started asking the inevitable diligence questions. An NDA probably isn't actually what he wants but he or his advisors understand so little about design and IP ownership that they think an NDA is useful. Did you have a written agreement with him at the time or at the time of the final settlement?
Or Just insist that in minimum 24pt font in contrasting colours on every bit of advertising it states that "The would not have been possible with out the genius that is BenCooper" and a decal on every stay
I like your thinking 😉
Town bike without seatstays, and a funky chainguard, perchance? Seems to be taking off now after a slow start.
Yep. I'm glad it's doing well, and I've certainly learned that in future for this kind of thing to just get a fixed payment agreed up front.
Did you have a written agreement with him at the time or at the time of the final settlement?
No, it was all done by an exchange of emails and verbally. Unfortunately.
Thanks everyone - I'll see what (or if) he comes back with.
Tell us everything.
Then sign it.
No you have no obligation to sign it.
You are bound by normal rules of confidentiality and you where paid for design work you did that design work belongs to the company you did it for / paid you. Even if it was your idea/design, that "idea/design" now belongs to the company.
My worry is that there are some design tweaks that I introduced that I might want to use in future.
Ooh which bit? The cool bike stand? (nice bike BTW)
Ooh which bit? The cool bike stand? (nice bike BTW)
Nothing that exciting 😉
What I usually do with things like this is design refinement - suggesting ways of making things simpler and easier to make, like changing how tubes or plates attach, stuff like that.
Ben, there's some info above ranging from barely accurate to wildly inaccurate, particularly given that no one knows of the terms of your original arrangement or settlement, or indeed the plans for your business that may involve aspects of that design.
You are not obliged to sign the NDA, that much is correct, but I'd suggest you seek proper advice in respect of any other aspect of this (I know you're not daft though, just felt a line had to be drawn under what is correct and what is Gordon Gecko strategies based on guesswork and assumptions) 🙂
Any interaction (or even non interaction) with the designer [i]could[/i] have an impact on your future relationship and legal position, so this needs to be taken into consideration before you do anything.
If he is trying to firm up his position re IP and perhaps has other people with a financial interest involved it's probably worth exercising a bit more caution than normal to avoid doing or saying something that may prejudice your position.
Also, a wise man once told me "Never write anything in an email that you wouldn't be happy hearing read out in court". 😉
Great, thanks very much for that - I'll see what he actually wants me to sign and get some proper advice if it looks at all OTT. Cheers 😉