A reader asks: I have employees that are creating intellectual property that is essential to my business. How can I make sure that the company retains ownership of it?
Answer: In general, if you are dealing with employees, the answer is pretty straightforward — the IP will probably be owned by the company, not the employee. However, there are some gray areas, since this area of the law incorporates both intellectual property and employment law principles. So get a lawyer who understands the cross section of these areas involved to help you navigate these waters.
Typically, someone who creates work that is fixed in a tangible means of expression is considered the “author” of the copyrighted work. United States copyright law, however, has created an exception in which the company, not the person who created the work, is deemed to be the author. When used, this means all rights vest with the company, not the individual. There are numerous ways that someone can transfer the ownership of intellectual property to the company (generally through a written agreement). But about the only way for the company to “author” the work is to have a work for hire.
To read the full, original article click on this link: Using contractors? Lock down their work as your IP | VentureBeat
Author: Curtis Smolar
