Legal Question in Intellectual Property in New Jersey
Intellectual Property - do my designs belong to me?
I am employed as a designer for a
dance fashion house. It is a small
company and I was hired, with no
written contract, as a ''costume
designer'' for the company. Before I
was hired, the owner of the company
understood that I was a freelance
designer in my personal life and that
I was willing to be full time designer
for them. I am salary, but there is no
definition as to my overall job with
the company since we also do not
have a handbook. I am soon going to
leave the company, and I want to
know if it is within my legal right to
take my designs and any un-realized
designs with me when I go. The
company recogninzes which designs
are created by me and bases
bonuses off the designs and since
they are mine, I would like to be able
to use them personally or sell them
to other companies if possible.
1 Answer from Attorneys
Re: Intellectual Property - do my designs belong to me?
As an employee of the designer, any designs you create as an employee are owned by your employer as a "work for hire." This is the case whether or not you have a written agreement that defines your role, or whether there are written company policies. If there were certain designs that you created PRIOR to your employment with the designer, then in most situations, you would continue to own them, and could use them as you see fit.
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