QUESTION
Intellectual property rights when employed?
Asked on Sep 05th, 2014 on Intellectual Property - Massachusetts
More details to this question:
I have been a bartender for many years and over the course of the years I have developed a series of books that have a single question that customers can answer. Each book is a different question. I have worked for the same owners for 15 years. Do the owners own the book rights or a percentage if they were to be published under my name?
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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Absent a contract with your employer explicitly indicating the employer has a right to works you create or the specific work you created, ownership of a work can only pass to the employer if it is a work made for hire. See http://www.copyright.gov/circs/circ09.pdf. From the facts you provided, it does not appear this matter is a work for hire and you should retain ownership, although additional facts could change that opinion.
Good luck,
Todd
Answered on Sep 08th, 2014 at 6:41 AM