If I signed an NDA with a return of materials clause, does this clause include everything I developed as the developer on a project?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I signed an NDA with a return of materials clause, does this clause include everything I developed as the developer on a project?

I signed an NDA, I am a web developer contracter, and they are the client. In the NDA it says, “Return of Materials. Any materials or documents that have been furnished by the Company to the Recipient in connection with the Relationship will be promptly returned by the Recipient, accompanied by all copies of such documentation or certification of destruction, within 10 days after I the Relationship has been terminated or ii the written request of the Company.” Does this mean that if our business deal goes sour I have to give them all of the work I created as a result of us working together?

Asked on May 16, 2012 under Employment Labor Law, Washington

Answers:

Kenneth Berger / Kenneth A. Berger, Attorney at Law

Answered 8 years ago | Contributor

Probably yes.  A non-disclosure agreement, generally prohibits you from transfering materials or documents provided to you.  Your question however probably relates to what your agreement was with regards to the copyrights on "work done for hire"; in other words, when you are hired to do web develpment work, you need to reach a specific agreement if you intend to utilize that work for anyone other than your employer. Otherwise, it stays with the employer.

You really need to show an attorney all of your written agreements for this job and get a more specific response based on those agreements.

 

As always, my comments are only applicable to Washington State and are not a substitute for getting competent, local, and more comprehensive, legal help.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption