From JD Supra, Arthur Zorio offers suggestions for new year’s resolutions for intellectual property including suggestions relating to independent contractors. Arthur writes:
Every business relies on intellectual property, whether it is created by the business or licensed from third parties. It is embodied in software, branding, marketing content, proprietary processes and the everyday work generated by employees.
Many companies overlook a critical question: Do you own the intellectual property you use and generate every day? Missteps can lead to costly disputes and loss of essential assets.
Copyright
Copyright protects original works of authorship fixed in a tangible medium. By default, the individual creator owns the work. Under the “work made for hire” doctrine, employers own works created by employees within the scope of employment. The work performed by independent contractors are generally owned by the independent contractor, unless the work is within one of the nine categories enumerated in the Copyright Act and the subject of an express agreement in writing. If the work is not a work made for hire, a proper assignment is required for the employer to own the copyright to the work. Courts apply common law agency factors to determine the applicability of the work made for hire doctrine, making clear agreements ideal to avoid ambiguity and litigation.
Read the full story at New Year’s Resolution: Get a Handle on Intellectual Property | Brownstein Hyatt Farber Schreck – JDSupra