2 ms·
Yes, but severability just means that a clause which is illegal will not be enforced. It doesn't mean you can ignore clauses which are undesirable or just plain
by mcherm 14y ago
Yes, but severability just means that a clause which is illegal will not be enforced. It doesn't mean you can ignore clauses which are undesirable or just plain stupid. Any clause which is LEGAL will still stand. And as far as I know, both state of PA and US law permit a person to sign away the copywrite on any work they wish to. So I think (although I am not a lawyer) that this clause would have had a good chance of being enforceable.
- nevinera 14y ago> And as far as I know, both state of PA and US law permit a person to sign away the copywrite on any work they wish to They do, but not until it exists. You can't sign away work until you've done it, unless it fits the work-for-hire definition. Now, you can write a contract agreeing to transfer the IP afterward, but then you have to actually perform that transfer, and if you don't you can get sued for breach of contract, but not for infringement. It's possible that there's case-law interpreting this type of contract to imply a commitment to transfer IP, but I don't think it's very likely.