Legal Question in Business Law in California
How can i protect myself legally - My employer wants to use my dog for marketing - sticks & t-shirts - what can i do to keep the rights to her image?
4 Answers from Attorneys
As a Franchise Attorney I can say you need to develop a license agreement. This will specify the marketing rights you are granting and the rights you are retaining. It also covers consideration (usually a percentage of sales) for the rights granted. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
say no. alternatively, put together an agreement that clearly lays out your rights. i would try to get them to agree to giving you right to refuse where dog is going to be marketed (type of product).
Mr. Murphy is correct. You need an intellectual property license agreement that grants them limited non-exclusive use of the image while retaining ownership in you.
I think it depends somewhat upon your relationship with your employer, the potential value of the intellectual property rights, and in general, just how starchy and formal you want to get with the employer, and at what level of the employer organization you're dealing. In almost all cases, you'd be appropriate in asking for a license agreement, but whether it makes any sense to ask for a share of the profits, who knows? Unless your dog is very unusual, the boss may just shrug and turn elsewhere.
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