I’m having a debate with a coworker regarding who would own some sort of artwork created while on the clock at an unrelated job.
Here’s a couple of examples:
Example A
Let’s say I work in a wet lab. While I’m waiting for a gel to run, I doodle in my lab notebook. Do I own those doodles or does the lab I’m working in (say I’m a research assistant)? What if it’s on a notebook that’s just sitting around, and not my lab notebook?
Example B
Now I’m a data analyst. During a very slow day, I take a little time to design a Threadless t-shirt. Does my job have a legal claim to my artwork should I decide to submit it?
If my job has a legal right to it, how is this different from an art student, for instance, who paints a picture using their university’s supplies?
IANAL, but as part of my employment I had to sign something regarding any inventions, designs, artwork, etc. created during my employment. IIRC, it essentially boiled down to anything I created while “on the clock” they had legal claim to, even if it was unrelated; however, if I development an idea, even if it was directly related to my job, completely on my own time, they’d have no legal rights to it. Of course, this introduces a grey area, but I suppose that’s up to interpretation of the law and the document you may or may not have signed.
Bottom line, look at any papers you signed when you were hired. Chances are if you work in retail, you didn’t sign anything like that; but if you worked in a lab or as a data analyst, you probably did.
In fields where IP (intellectual property) is important (particularly IT). The standard employment contract says EVERYTHING belongs to the company. Even if you are off the clock, on your own time, at home, with your own materials. So I would say the second case most likely the IP for the T-Shirt belongs to the company.
I am unsure of the law in the first case (assuming that a bottle washer’s contract does not say anything about IP). May well depend on state/national law.
(This one’s longer), you go on your hour unpaid break, invent something and punch back in 20 minutes later. Under Wisconsin law, a break under a half hour must be paid. (cite) So while you had every intention of inventing something ‘off the clock’ in ended up being on the clock. Seems like it would be one for lawyers to battle out.
IANAL, but just because it’s in the contract does not make it so. Contracts are tricky business, especially when it comes to intellectual property. Even with contracts in place employers often have difficulty asserting rights to job-related IP created by the employee on the clock that they rightfully should own. As for things in the gray area, well that’s why they call it a gray area.
For one, if it is not part of your regular duties and the employer is not aware of you creating it until it is created, nor would it be reasonable of them to expect you to create something like that, they would have one hell of a case trying to prove that it was “work for hire”. Even if the creation happens on the clock provides them control over the employee, simply providing supplies does not imply they have control over the creation of the work itself. Especially if those supplies are being used outside what would normally be considered their intended function for your job. “Work for hire” is often not clearcut and will probably vary case by case.
I’ve not researched it but I’ve always been curious about the guy that invented intermittent windshield wipers. He was a Ford employee, and eventually won a lawsuit against Ford for the patent royalties. Seems in line with artistic work per the OP.