Grantee's pre-existing works: Overview, definition, and example
What are grantee’s pre-existing works?
Grantee's pre-existing works refer to intellectual property, such as writings, designs, inventions, software, or any other creative or proprietary content, that the grantee (the recipient of a grant or license) created or developed before entering into the agreement or receiving the grant. These works are owned by the grantee prior to the start of the agreement and are typically excluded from the scope of any new rights granted under the contract. The agreement may specify that the grantee retains full ownership of their pre-existing works, even if they are used or incorporated into new projects or developments funded by the grant or agreement.
For example, if a researcher is granted funding to conduct a study, any scientific work, research data, or writings created by the researcher before receiving the grant are considered their pre-existing works.
Why are grantee’s pre-existing works important?
Grantee’s pre-existing works are important because they help clarify the ownership of intellectual property when new projects or agreements are formed. This distinction ensures that the grantee retains the rights to any intellectual property they developed before the agreement and that only the new work created as a result of the agreement is subject to the terms of the contract. It provides protection for the grantee’s previous work and prevents confusion about intellectual property ownership.
For businesses or individuals entering agreements involving intellectual property, defining the ownership of pre-existing works is crucial to avoid disputes over rights to inventions, designs, or creative content that was developed before the new project or partnership began.
Understanding grantee’s pre-existing works through an example
Imagine a software company, TechInnovate, hires a freelance developer to create a new application for their platform. The developer had already written a piece of code for a similar project before starting work with TechInnovate. Under the terms of their agreement, the developer retains ownership of that pre-existing code, but grants TechInnovate a license to use it in the new application. In this case, the pre-existing code is considered the developer's pre-existing work, and TechInnovate does not own it—only the new code developed as part of the project.
In another example, an artist, Jane, receives a grant to create a mural for a public space. Jane had previously created a series of paintings that are relevant to the mural's theme. The grant agreement specifies that Jane retains ownership of those pre-existing paintings and only the new artwork created as part of the mural project will be owned by the granting organization.
An example of a "grantee’s pre-existing works" clause
Here’s how a clause like this might appear in a contract:
“The Grantee acknowledges that any intellectual property, including but not limited to works, designs, and inventions, created prior to the commencement of this Agreement shall remain the sole property of the Grantee. The Grantee grants the Company a non-exclusive, royalty-free license to use any such pre-existing works solely in connection with the performance of this Agreement.”
Conclusion
Grantee’s pre-existing works refer to the intellectual property owned by the grantee before entering into an agreement or receiving a grant. These works are typically excluded from the ownership terms of the new agreement, allowing the grantee to retain full rights over their previous creations. Clearly defining the ownership of pre-existing works helps prevent disputes over intellectual property and ensures that both parties understand their rights and obligations under the agreement.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.