Legal Question in Intellectual Property in Alabama
Ownership of intellectual property invented outside of employment by Employer
If an individual conceives or invents a creative, intellectual substance (specifically digital such as a computer program or artistic expression for exhibition on the internet) while away from his place of employment and without use of any materials or tools provided by or owned by their employer (such as a computer program compiler purchased by the individual on his own free time, to be used at home in his own free time) can the employer legally claim ownership of the developed intellectual property of the individual?
1 Answer from Attorneys
Re: Ownership of intellectual property invented outside of employment by Employe
The employer can legally claim ownership, but that claim is not likely to succeed unless the work of art falls within the employee's job description and/or relates to trade secrets learned by the employee from the employer. You need to see a local Alabama copyright attorney, as the answer to your question is highly dependent on the facts, such as nature of employment, employee agreement (if any), any special "workfor-hire" agreement, and the like. If you want a referral to a suitable Alabama copyright attorney, call me or email me. Employee rights are usually goverened by local law, even though copyrights arise by virtue of Federal law.
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