QUESTION
I have some questions about two presentations that I created that are specific to the industry in which I work.
Asked on Dec 02nd, 2013 on Intellectual Property - Virginia
More details to this question:
I am a systems engineer and I created a safety orientation presentation and a safety training presentation specific to the masonry construction industry. One question I have is to verify the ownership of these presentations. There is no question of ownership from my previous company; however, I am now employed by a masonry construction company where I have used my presentations for this company. I was not hired as a consultant but as an employee. This company did not pay for the presentations but have used them. I modified, expanded, changed the logo and implemented the presentations. Their safety consultant provided additional information for me to incorporate in the modification.I am in the process of starting my own business and I plan to provide these to clients along with other services. I believe that the company has rights to use the presentations but not to own or sell them or prevent me from using them in my business. I believe that I own them. Who owns them? Is this material copyrightable? Should I copyright?
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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You ask a lot of questions Donna. I gave this answer to a friend earlier this week and to another Q&A visitor earlier today.
17 USC 201(b) states: In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright. The employer can show that a work is made for hire by establishing that it was (1) created by an employee (2) acting within the scope of the employment relationship. 17 U.S.C.A. Sec. 101
In this wonderfully outdated use of language, if you are an employee, you are a servant: http://elephantcircle.net/wp-content/uploads/2011/10/restatement-second-of-agency.pdf. Look specifically at Section 228.
17 USC 201(b) and that Section 228 define are the foundation of your answers. A presentation can be copyrightable. And labor law as well as any contract between you and your employer may color how this situation is analyzed. Answers to these questions require fact specific analysis and probably means talking to an attorney if you do not feel comfortable doing the analysis on your own.
Good luck,
Todd
Answered on Dec 04th, 2013 at 6:45 PM