Legal Question in Intellectual Property in Illinois

Re: competitive intangibles

It really depends on whether you are an employee or an independent contractor. If you are a real employee, that is, have regular hours, work on their equipment, have deductions taken from your check, etc., you are most likely considered to be an employee. If this is true, the ideas you come up with and creative expressions you make as part of your job are the company's property--no further compensation or contract is needed. These things become the company's property automatically. This is called the work-for-hire doctrine. The company can reject or adopt these things at-will.

However, if you could be considered an independent contractor, and nothing is in writing between you and the company with regard to the ownership of ideas and creative expressions, you may have an issue.

Please feel free to contact me at the information provided in this email.

Thanks,

Don Simon