QUESTION
How much control can I retain by licensing intellectual property? Can I require training to ensure quality without licensees becoming employees?
Asked on Apr 01st, 2015 on Intellectual Property - California
More details to this question:
I'm an expert in my field, and I offer (under my single member LLC) proprietary workshops and seminars. I'd like to license other speakers to present my workshops. I want to have a certain level of control over the integrity of my brand and quality control, so I want to require licensees to attend (and pay for) training, but I want to be careful that the licensees not be classified as employees. How much control can an I as an IP licensor have over the terms of a license? Can I require training? If not, can I incentivize training by offering discounted royalties fees to those who attend training? How can I make sure those who are presenting my IP are doing so with skill and integrity without entering an employer/employee relationship?
1 ANSWER
Business Transactions Attorney serving Los Angeles, CA
at
Doland & Fraade
Update Your Profile
It should be possible to achieve most if not all of your objectives as contract law permits tremendous freedom to the parties. Obviously the advise about how to do it will be fact intensive as to the subject matter of the seminars. Enforcement of breach of contract or intellectual proprety rights is often as difficult as establishing those rights.
Answered on Apr 02nd, 2015 at 8:21 AM