Legal Question in Intellectual Property in New Jersey

Intellectual Property - do my designs belong to me?

I am employed as a designer for a

dance fashion house. It is a small

company and I was hired, with no

written contract, as a ''costume

designer'' for the company. Before I

was hired, the owner of the company

understood that I was a freelance

designer in my personal life and that

I was willing to be full time designer

for them. I am salary, but there is no

definition as to my overall job with

the company since we also do not

have a handbook. I am soon going to

leave the company, and I want to

know if it is within my legal right to

take my designs and any un-realized

designs with me when I go. The

company recogninzes which designs

are created by me and bases

bonuses off the designs and since

they are mine, I would like to be able

to use them personally or sell them

to other companies if possible.


Asked on 3/19/07, 3:24 pm

1 Answer from Attorneys
Daniel Pepper Pepper Law Group, LLC

Re: Intellectual Property - do my designs belong to me?

As an employee of the designer, any designs you create as an employee are owned by your employer as a "work for hire." This is the case whether or not you have a written agreement that defines your role, or whether there are written company policies. If there were certain designs that you created PRIOR to your employment with the designer, then in most situations, you would continue to own them, and could use them as you see fit.

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Answered on 3/19/07, 3:34 pm


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