Published on Thursday, April 8, 2010 | business 
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I couldn’t help it…the words that rang in my head were those of Curtis “50 Cent” Jackson. In Get Rich or Die Tryin’, his big screen debut, he uttered these harsh, albeit prophetic words:

“I ain’t signing that mutha f*ckin contract / I ain’t a b*tch like you / I ain’t going out like that—ME?!?”

SIGH! Had I only taken heed of his cheeky wisdom! A few weeks ago, I was going through some of my old tax returns and stumbled across a contract from the early 2000s. It was with a well-known company that shall remain nameless. Rejoicing in all that I had accomplished, I decided to read over the contract…y’know, for old times sake. WHAT THE HELL DID I DO THAT FOR? I soon realized that I was victim of contractual slavery, but the worst part is that I wasn’t aware of it! Whoever declared that “ignorance was bliss” must have been…well, blissful in their ignorance! I’m a man who likes to know. Usually, I’m a man who likes to read.

I’m also a man who likes to share what I know (and that which I read), which is the ultimate purpose of this blog post. In no way is it an attempt to bash the plantation—ahem—COMPANY I was employed with for two years! After all, no one held a gun to my head and forced me to sign that contract! Honestly, all I saw at the time were the dollar signs, and the fact that I was being offered a position in my field. I was young, hungry, and the salary was way above standard! I apparently went into it blindly, but it was a successful run, and for that I am thankful.

The biggest lesson was learning that ALL creative industries have similar glitches. Whether you sing, draw, invent, or perform, you should realize that the game really isn’t designed in your favor! It used to be the entertainment and music industries that were notorious for shady deals. Today, those shady deals are found in corporate environments, too. While the typical professional may secure employment, it’s difficult for the creative or technical candidate. Normally, they secure contracts, or temporary positions that come with no health benefits. Almost similar to the modern record deal, sans the customary advance.

Still not convinced of the snakery? Well, put your game face on for a moment. When budgets get cut, what department is the first to go? The art / creative department. Don’t trip, it’s been like that since high school. I’m sure you remember those weak art and technology programs, right? Contrary to popular opinion, strong institutions that foster the Arts are few and far between.

Maybe these odds are woven into the very fabric of science. Hell, how many times have we read the “tale of the starving artist?” I think most have come to accept the flaws of the creative process; some even master it and use it to their advantage! But my thing is this…if a company does decides to offer a creative opportunity, why make it virtually impossible for one to create during or after the opportunity?

Regardless of the salary this company paid me, the contract was the exact opposite of the Emancipation of Proclaimation. Yeah, it was that bad! Several provisions in the contract raise a red flag, but the ones that really stood out were…

“You agree that all inventions, discoveries, developments, improvements, ideas, copyrightable creations, works of authorship, mask works and other contributions (herein collectively referred to as “Creations”) whether or not patented or patentable, or copyrighted or copyrightable, which are conceived, made, developed, created or acquired by you…WHICH RELATE IN ANY MANNER TO THE SUBJECT OF YOUR WORK FOR (said company)…regardless of the extent developed at (said company’s) facilities, at YOUR HOME, or elsewhere, shall belong to (said company).”

“…if a Creation is described in a patent application or is disclosed to a third party by you within one (1) year after you leave the employ of (said company), you agree it is to be presumed that the Creation was conceived, made, developed, acquired, or created by you during the period of employment with (said company), unless you can prove otherwise.”

Can you believe that? We creative people need FREEDOM in order to create. As ridiculous as it sounds, creativity creates more creativity. But who could be creative in such corporate bundage? The message of the contract was actually two-fold. On one hand, it displays the greed of corporations. This particular corporation wanted it all, and I was apparently bound to them even after my resignation. But on the other hand, the contract displays the power of the creative mind! Would companies stoop that low if they thought we were incapable of revolutionary creations? If it is true what they say—that corporations have monopolized the economy— they have done so through contracts like these.

Independence is truly the way to go, even though its path is a long and humbling one. But at least you own yourself, as well as that which you create! Above all, I enjoy freedom as CEO of Hubbard Digital Corporation. Will I ever sign another contract with a corporation? Maybe, if the price is right. But I’m definitely not signing anymore slave contracts! Oh, hell no! I ain’t a b*tch like you, I ain’t going out like that—ME?!?



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Source:  Thomas Hubbard.  All Rights Reserved.
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1 Comment
  1. Rita Lorraine said:

    Hey Tom,
    Thanks for breaking it down. This is an important post that should be shared with everyone. Who would have thought that companies have a clause like this. Most people don’t read the fine print, and look what it costs them. Thanks again for sharing what you know!

    Rita L.

    Posted: April 9, 2010 at 6:10 pm

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