It is not inconceivable that I may get a new job in the very-near future with an organization that is involved in book publishing, software development, film & TV production, etc. My role in this organization would not be in a direct creative capacity (let’s call it more administrative).
I have heard rumors that large multi-media organizations (it’s not quite a conglomerate) include in their hiring paperwork a waiver to any intellectual property rights an individual might otherwise claim while in their employ. I see it as highly possible that the wording in this waiver (should it actually exist) might be vague or liberal enough to cover any creative output that an ex-employee might develop after he leaves the company, or possibly even any unfinished or unpublished works that may have preceded the hiring date.
I am working on a couple of these sorts of projects (I’ve even posted about them in the past) and am nervous about the possibility of forfeiting any future control over my own creative efforts simply because I joined this organization on a short-term basis (this job is a project-specific one, and therefore already has a tentative end date). As a result, I am trying to think of anything I can do to cover my legal bases. The only thing I can think of thus far is collecting as much material as I have thus far, getting to a notary, and time-stamping everything to prove that much of this material (characters, storylines, incidents, etc.) was already in existence.
The question is: Is this enough? What more can I do?
I have looked on the web, but everything I’ve found relates either to science & technology jobs (relating to patents and inventions) or specific copyright infringement and fair use laws. Neither applies to my situation. Because this has to do with more “artistic” efforts, I’m afraid that the law may be a little broader (good) or fuzzier (not-so-good). Any artists or lawyers out there who have some first-hand experience with employer-employee IP issues? Or does anyone have any other ideas or background info that might prove helpful? Thanks to all posters.
Maybe my experience is of the “science & technology jobs (relating to patents and inventions)” type that you’ve already looked up, but in all those agreements that I’ve had to sign so far (about 3, for 3 different companies) they only cover IP created in a work capacity.
That is, if I get a brilliant work-related idea at work, the company has the rights to it. But if I get that idea at home, when I’m not working, or if the idea is not relevant to my job, then I retain the rights to it.
I am not a lawyer, obviously. It may be to your best interest to have the potential agreement looked over by a lawyer.
The company will probably ask for copyrights for anything you create as part of your job. That’s what’s meant by “work for hire.” So if you’re hired to write a brochure for the company, you can’t claim copyright.
Work for hire is specific – you need to be working for the company and must have created the work as a part of your duties. If you do it in your spare time, it’s yours. If you do it after you leave the company, it’s your (subject to various restrictions about company secrets and such).
Here’s the legal definition of work for hire:
If they claim copyright, they have to show that you created the work as part of your employment. Without that, they have no claim. The waiver you describe would be on very shaky legal grounds (not that the might not try it and see if they can get away with it).
Now, I don’t know what sort of agreement the company might try to foist on you. I know of one example where they asked an author to sign a letter that gave the company ownership of anything she wrote. When she refused, they told her they were never going to use it anyway. Whenever a lawyer tells you this, you say, “well then, if you’re not going to use it, you don’t need my signature” and walk away.
I’d suspect that any company will only ask for a letter clarifying the work for hire status of your work with them (not necessary, but it keeps them from having to prove in court that you were hired to do the work). They should not ask for anything that is outside of your job duties.
