Legal Question in Intellectual Property in Minnesota
Can company make copyright claim against employee publication
I want to write and publish an informational book/manual concerning a particular product/concept within a specifc industry. I'm employed by a company currently producing the subject product in this industry and my job function pertains to implementation at customer sites.
The question: If I write a book pertaining to the Market Analysis or Procurement of the product, which is not my current job function, would a copyright claim made by my employer have any merit?
2 Answers from Attorneys
Re: Can company make copyright claim against employee publication
I would need to see your employee handbook/manual or employment agreement to advise you. Employers commonly protect against this by contract.
Re: Can company make copyright claim against employee publication
Further to my colleague's reply, your company may also have conflict of interest guidelines preventing you from doing work of the kind you describe without disclosing it and getting permission. As far as copyright, if what you were intending to do fell within the scope of your employment, the company would own it. Even if you were home free on being able to write the manual and own its copyright you would need to be very careful not to divulge trade secrets. Worse, if you were an employee for hire, they could can you at any time. Better check with an attorney who can review employment policies and advise you.
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