Legal Question in Intellectual Property in Illinois
Hi,
I was hired by my company as a private contractor to create lecture materials. If I was to leave the company, do they have rights to those lessons or do I? Meaning, if they say, well you have to give us those lessons, do I have to do that, or am I at the liberty to sell it to them.
Are they my property or are they theirs?
3 Answers from Attorneys
This depends entirely upon the agreement you have with them. If you created those materials specifically for their courses, then they porbably own them as works for hire.
The other attorney is right on point here. It depends on what the agreement (written or oral) is. Consult with a good business attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
You do not need a "good business attorney", you need a copyright attorney and should get one in Illinois so they are versed in Illinois contract law and local practice. Your zip code places you in Schaumberg, IL. I could help you with this from Alton, IL or could refer you to a good copyright lawyer in Schaumberg.
The previous attorneys did not tell you that the default provision, where there is no contract, is that YOU, as a private contractor, own what you create. In your situation, there is likely both (1) an employee agreement, and (2) an independent contractor agreement, and either of those might have a contractual "work-for-hire" agreement. If there is such an agreement, legally the company is the author of the lecture materials and owns them, not you. So, you need someone to review the agreements who understands work for hire rules and the copyright decisions on work for hire here in the 7th Circuit.