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The question was posted by Steve on 14/02/2024 15:16:09

Hi All; I wonder if anyone has experience with my issue. I have worked as an associate trainer for a training company and met with the end user, and designed a course to meet their needs, I then delivered the course. I am now leaving the training company, and they are asking for all the materials. I was never paid for the content creation, just the delivery. Am I obliged to hand my material over? Appreciate any thoughts.

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Hi Steve. No contract means what happens next is up to you, not them. So that decision depends on whether you believe the relationship with them is worth maintaining with the future in mind. Your call, sir. Liam
Thank you all for your responses. The interesting part is that I have no contract with the training company. How does this affect your thoughts?
Many thanks
I agree with the other comments; it really does depend on the contract you had and how design was covered in that. On a slightly off-piste note, it's probably worth mentioning that if you want associates to deliver training courses that contain material from Trainers' Library, we have a couple of solutions that enable you to do that, depending on whether it's a short term need, one course that involves a number of different associates or someone who'd benefit from their own long-term licence to use our materials.
Hi Steve I suspect it will depend how IP for materials was covered in your contract with the training company and/or the client as to what action you can take. Linda
Hi Steve. In my early days I got caught out with something similar. I didn't read the terms of business in totality. I wrote and delivered 8 different courses as an associate trainer for this specific company. They had a two year non compete / non solicit clause for any of their clients (not just those I had contact with) and as my business grew I didn't want this restriction to inhibit me so wanted to get the clock ticking ASAP. I know from the legal advice I got at the time that this wasn't enforceable but I didn't want to make things messy by challenging it so I was honest and respected the clause in prinicple. Anyway, the bit I hadn't taken notice of is the company copywrote my materials as their own! And I see my materials pop up now and again. So please check the tobs.
Hi Steve, Have you got an associate agreement with the company? If so, it will most likely be clearly stated in the small print, if not you're best advised to find an IP lawyer. I do a lot of associate work and in all cases, it's clearly stated the IP belongs to the company I'm associating with even if I've created the content for 'their' client. I'll be interested in hearing others views and also follow this conversation.

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