QUESTION

If I write a novel that doesn't pertain to my job, can my employer still own the rights to my novel?

Asked on Jan 30th, 2021 on Intellectual Property - Virginia
More details to this question:
I signed a contract with a new employer that states they own rights to inventions and works of authorship. I am working as a researcher but am writing a novel (fantasy, unrelated to the job or company). The Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, sui generis database rights and all other intellectual property rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by me during the term of my employment with the Company to and only to the fullest extent allowed by applicable state law (collectively “Inventions”) and I will promptly disclose all Inventions to the Company; provided that the term “Inventions” will not include any invention for which no equipment, supplies, facilities or trade se...
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1 ANSWER

Intellectual Property Attorney serving Vienna, VA at Dunlap Bennett & Ludwig PLLC
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Under Virginia law, when analyzing a party's obligations to a contract, you must look to the four corners of the agreement.  In other words, without seeing the entire contract, no one is going to be able to answer the question accurately.  That said, without providing legal advice, I suspect that your contract likely only relates to the subject matter of your employment and that your employer would; 1. not be interested in your fantasy novel, and 2. probably will never know you are writing one.  That said, they could make a claim based on the limited language you have cited.  If, for example, you turn out to be a modern-day JRR Tolkein, they could sue you, claiming you wrote your book on the company dime (and time), and thus the work is owned by the company.  The safest thing to do is get explicit permission in writing from the company in writing, confirming that they relinquish all claims to your particular work of authorship.  Finally, do not forget to file a copyright application for your work.  
Answered on Mar 01st, 2021 at 11:18 AM

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