Copyright & Patents/Whose Property is It?
Expert: Kacey Cahill - 8/6/2009
QuestionFor the past several years I have worked for major corporation. As I learned the industry, I came up with a book that will not only help the customers of my employers but also the customers of other companies in the same indusstry. The book was developed on my on time. The company doesn't sell this type of book that shows customers how to save money. The material it contains is specific to the industry and not the company.
The company says that any material developed from what I learned while working for them belongs to them even if I did it on my own time.
Is this true?
AnswerAlan,
The answer is it depends on the agreements you have signed with them. If you have signed an agreement that says all ideas, copyrightable work, inventions, etc. (or language to that effect) are the property of the company, then it belongs to them. Also, if you have developed this idea and written this book based on the trade secrets of the company (which also needs to be set forth in a written agreement), then it is theirs essentially. Otherwise, it is yours. If you create an original work of authorship, the work is yours unless you sign that right over to somebody.
Alan, my thought for you is to look at your contracts.
I hope this helps, but please understand this advice is intended for educational purposes only and not as legal advice.
Kind regards,
Kacey Cahill
www.kaceylaw.com