Legal Question in Intellectual Property in California

Is there a way to create a "work for hire" relationship between my single member LLC and myself. I would like to have the IP automatically belong to the LLC.


Asked on 7/25/12, 11:06 am

3 Answers from Attorneys

Omid Khalifeh Omni Legal Group

You could prepare file an assignment agreement to transfer legal ownership from an individual to a corporation. Call 855 IDEA BANK or visit www.OmniLegalGroup.com to schedule a free consult and learn more.

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Answered on 7/25/12, 11:09 am
Robert Preskill Robert Preskill

To whoever asked the question: Your instincts are right. If you want to have ongoing work you are doing have IP rights belonging to that LLC, you should set up a "Work for hire" agreement if you are an independent contractor to the LLC.

If you are an employee of your own LLC (where no work contract is in place for example), the work-for-hire arrangement is presumed (Still, you could take extra steps to clarify that arrangement).

However, if you are developing the IP with others, such as while working as an employee for another company, or with a partner outside your LLC, you need to be very careful, and seek advice (offline) from an attorney.

If you are trying to transfer IP you developed before the LLC was formed or outside of the scope of employment, you should also be cautious. Hire a lawyer to draft the assignment to do this.

My answer depends on very specific facts. Please call me to discuss the matter further and I can craft an answer that will work for you.

Sincerely, Robert Preskill 415-377-3919

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Answered on 7/25/12, 11:25 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Quite a difference in the quality of these two answers. Go with Mr. Preskill's.

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Answered on 7/25/12, 2:14 pm


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