Legal Question in Intellectual Property in New York

I created a training program with manual and workbooks and launched it for the past 7 years through an organization for which I serve as a board member. I want to copyright the program and possibly sell it. I was not asked to write the program for the organization. How do I make the separation?


Asked on 1/13/11, 7:46 pm

2 Answers from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

You have a number of complex issues that need to be addressed and a number of factors that need to be considered. Among them: whether you have any agreements / understandings with the organization, the nature of the organization, the by-laws of the organization, your activities and profession outside your board membership, whether you received any help from the organization or other members in developing the training program, whether the program is now associated with the organization and whether you have been compensated one way or another.

The simplest way to resolve the matter is to come to an understanding with the remainder of the board. If the board refuses then you know that you'll need to consult an attorney.

I would be happy to chat with you further. Feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.

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Answered on 1/18/11, 8:08 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. In addition, it would be a good idea to confer with counsel before any meeting with the board members. You many not have been asked to write the program by the organization, but it appears you've given them rights to it. What the extent of these rights are is the serious issue. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 1/19/11, 7:03 am


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