Legal Question in Intellectual Property in Illinois

I'm a buyer for small retailer who just rolled out a new merchandising system. On my own time at home, I created an Excel macro that converts raw data from the new system and formats it into a readable selling report because I wasn't happy with what was provided. And now, including myself, all the other buyers are also using it. It's become a staple report for the company. There was never anything in my job description that required me to write Excel VBA macros or create this report (or any reports), my employer never asked me do it when we got the new system and I was never paid specifically for creating it. Who has the intellectual property rights to this macro, me or my employer?


Asked on 11/08/10, 12:08 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

You should consult directly with an IP attorney--there are many questions which would need to be answered, and then many more questions based on your answer to those. You might have "intellectual property rights" to this macro, but, what is its value? How difficult would it be to re-create, i.e., is it an "obvious" creation? What did you do to prove you have rights to this macro? Did you release the macro into the public domain already by letting your fellow employees use it?

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Answered on 11/17/10, 1:24 pm


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