QUESTION
Can I ask for royalties when leaving recipes with a previous employer?
Asked on Feb 10th, 2013 on Business Law - Illinois
More details to this question:
I have developed the recipes myself. Only I have the recipes and costings. I have never signed a contract with the company for anything. Not even my employment. My recipes have been the reason for the companies success. I have grown tired of working for the company, but there is great potential for my recipe items to end up in freezer sections and franchises nationwide through this employer. I like the company and think it will be very successful, but I don't want to end up seeing my recipes all over the country without me being able to benefit from it at all.
1 ANSWER
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The Law Offices of Brendan R. Appel, P.C.
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Hi Lorne:
Unfortunately, the answer to your question is, "It depends." It depends on what you were hired to do at the company and whether the creation of the recipes can be considered a "work made for hire," or whether you created them independently and, thus, can exert ownership over their copyright. I'd be happy to talk with you about the matter further. You can email me at bappel@balegal.com
Best regards,
Brendan R. Appel
Answered on Feb 11th, 2013 at 4:00 PM