Home – New Forums Starting your journey Trainer Fees? AND Consultant vs Employment?

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  • #978621
    Femme
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    Hi everyone!

    Hoping I can get some views or opinions on 2 issues I have:

    1. What do in-house trainers charge for research and development of training material and the training itself? Who’s I.P is it? What about Royalties?

    2. I am a bit confused as to which path I should take… Self Employed Consultant or Full Time Employment?

    Its all a bit daunting! Any thoughts would be very much appreciated :)

    Thanks heaps!!

    Here is a quick overview:

    I have just finished a 3 month trial as a “Consultant” for a distributor of various aesthetic beauty devices/technologies and skin care (they have sole distribution rights across Australia). Primarily my role is training the end user (the purchaser and staff) – where most of the material is researched, developed and written by myself (or highly edited and revised). In some cases, I have had to sub-contract some of the training, when the distributor have sold several devices in a short space of time – and I see this becoming more frequent as distribution grows.

    The agreement is that I sub-contract all training staff, produce and develop training material.

    They asked me to sign a 2 year contract, which I am happy to do – with one exception: they are expecting the training material to be researched, produced, written and developed in my own time, unpaid. Thoughts??

    or they said I have the option of becoming a full time staff member?

    Obvioulsy it would have to be some super-awesome employment contract! Not sure how or what?

    Hope someone can shed some light… :confused:

    #1108362
    JacquiPryor
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    Who’s I.P is it? What about Royalties?

    Hi Femme,

    Generally speaking – if you create the materials as an employee the IP (copyright in this case) will belong to the employer; if you are commissioned/contracted then it’s more likely to be your copyright. Copyright is an automatic right and doesn’t require registration. So, for your ’employer’ to gain the rights, if you create the material as a contractor, then you need to assign the rights to them. I would imagine there are clauses in the contract they have asked you to sign that basically say any copyright you develop under contract is automatically transferred to their ownership.

    In terms of royalties – well, royalties are always a negotiation between the parties involved. If the contract agrees to transfer all copyright/IP rights to your ’employer’ then there won’t be any reason for them to pay you royalties. You would only charge/receive a royalty if you remained the owner of the property, and, I would be surprised if the ’employer’ allowed you to remain the owner of the copyright developed under contract with them. If for whatever reason they did allow you to retain ownership they may only do so, for example, if you agree not to license it to any other person/company; that they acquire an exclusive license to use your materials. In this case, you may be able to negotiate a royalty but again I would find that unusual.

    they are expecting the training material to be researched, produced, written and developed in my own time, unpaid.

    Again, this is a little unusual I think. There have been cases where actual employees have shown they are the rightful owner of IP if they have created something outside of normal work hours/using their own equipment and resources etc. But, for the sake of a good relationship with this company, I wouldn’t suggest you rely on this as any sort of ‘strategy’.

    In both cases, of the ownership & royalty matters, it’s going to be somewhat a negotiation. If you don’t want them to own the copyright – then you will need to give them a good reason/benefit to still contract you to develop them.

    Further information can be found at the following link – search on the words “training materials” and a fact sheet will come up that explains the copyright matter further. http://www.copyright.org.au/find-an-answer/browse-by-keywords/

    All the best :)

    #1108363
    SmartBizBlog
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    They want you to do all the material unpaid? Perhaps look for a contract where you get paid less but get paid for all of your work.

    This clause has to be one of the worst I’ve seen yet. Not sure how the people that come up with these contracts can sleep at night. :)

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