Legal Question in Intellectual Property in Michigan
work for hire
I work as the Project Manager on a research project being undertaken by a university in the U.S. The job site is overseas, but I am an employee of the university. A few months ago I conducted research and wrote a report for the Principal Investigators (PIs) on the project. The PIs are also employed by the university. I wrote the report on my own initiative.
Large portions of the report I submitted were then taken word for word and used by the PIs in a grant application. My work was not cited and I was not listed as an author of the grant application.
My job description states, ''A full-time Project Manager...manage[s] daily tasks associated with the project, including but not limited to scheduling and assisting with data collection, maintaining intervention schedule, and overseeing research assistants.'' It says nothing about writing grant applications for the PIs.
However, I used the resources of the university to complete my report, e.g., library membership.
I am on contract with the university for the remaining period of my employment so I am protected from retaliation.
Do I have a case in intellectual property against the university?
1 Answer from Attorneys
Re: work for hire
Greetings,
The issue boils down to the language of your employment contract. Since I havenot been able to review it, I can only speak in general terms. If the contract stated that all of the work that you do becomes the proprety of the university, your employer, then there is no cause of action, since you were compensated as an employee. This is the most common situation, better known as a work for hire. On the other hand if your contract does not state that anything that you are an employee of the university, but as an independent contractor, then you may have a cause of action against both the university as well as the principal investigator.
Good luck!!!
Pat Tracy
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