Legal Question in Intellectual Property in California
Re: Copyright law: I was the AUTHOR of a sales article, copyrighted without my knowledge and printed by a prior employer. I was then distributed nationally by the employer and also given to an affiliate of that employer who further distributed it and profited from the article. Do I have rights as the original author to re-produce it? If I modify it; ;how much of it's original content would have to be changed? It was written and copyrighted in 1998.
2 Answers from Attorneys
Most attorneys will tell you, there are not enough facts given to provide meaningful advice. For example, who copyrighted the article? Did you have a written contract with your employer? What did the contract say about intellectual property issues, like copyright, etc. Consult with a local attorney for advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Employees have no rights to intellectual property they created for the employer, it belongs to the company [that's what you were paid to do], unless they have a specific agreement, contract, or other document from the employer granting rights to them. Thus, you would have no right to 'appropriate' and reuse it. If your have such rights granted, then feel free to contact me if the property is worth sufficient to make it economically practical to pursue litigation.
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