Legal Question in Intellectual Property in North Carolina

Type of legal form

Hi,

I am a business owner and I am hiring a contact employee to create some software for my business. I would like to know what type of legal form I need to protect the software that he/she creates for my business and prevent he/she from taking any Intellectual property from my business.

Thanks you,

Michael


Asked on 6/26/08, 12:05 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Type of legal form

At a minimum, you need a nondisclosure/noncompete agreement, a copyright "work made for hire" agreement and an agreement that assigns all IP rights for any materials created in the course of the contract to you. Depending on your particular situation, you may need other agreements with this contract employee also.

Be sure the contract employee meets the IRS definition of a contract employee; there's a checklist that your attorney can give you.

Consult with your attorney on this matter and have him or her draw these documents up for you. This is NOT do-it-yourself land.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 6/26/08, 7:15 pm


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