Legal Question in Intellectual Property in Florida

intellectual property/copyright/work for hire
I have opened a new company,
Modern Nature Design, in Delray. We
are importing and selling high end
wool/silk rugs. We will be needing a
copyright attorney for many issues in
the future. Presently, I have a
concern that I would like to ask you
about.

I did the designs for the rugs in
conjuction with a graphic designer
who is a full time employee of
another rug company. One of his
responsibilities in his job is designing
rugs. My company's records and the
copyright application are under my
name only. I have not payed the
graphic designer for his services. I
applied for copyright registration in
Jan. 07 while the graphic designer
was still employed with the other
company (he is still there).

My question is: if the graphic
designer's employer somehow
discovers that he worked on the
designs with me, can he claim that
the designs belong to him? How can
I protect myself at this point?

Thank you for your attention.

Asked on 3/17/07, 9:30 am

3 Answers from Attorneys

Michael Stewart Michael D. Stewart

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Re: intellectual property/copyright/work for hire

If you have not already, you should have the designer sign an agreement acknowleding that his work was "for hire". This should protect you.

Answered on 3/17/07, 10:03 am

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Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Re: intellectual property/copyright/work for hire

This is a complicated area. If the designed created the art, without something in writing from him to you, the copyright belongs to him, not you. If he was desiging the work while employed for another rug company, while at work and with their materials, the copyright may very well be theirs. You should see a copyright lawyer to clear this up. He may be able to execute a document so that the copyright becomes yours, but as matters now stand, my guess is that you do not have the right to obtain the copyright.

Answered on 3/17/07, 12:09 pm

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