Legal Question in Intellectual Property in Texas

I own a graphic design firm. I recently fired an employee. Does he have the right to publish work done for my clients during employment at my company?


Asked on 10/29/09, 12:17 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

He might, as your ownership is not automatic. If you had the right Employee Agreement then NO, he wouldn't have such rights. If you did not any Agreement, then he may own the Copyright and not you. Also, it depends on what you mean by"publish". See a copyright attorney so he can review the specifics and let you know. There is a so-called "Work for Hire" provision in the copyright law that needs to be applied to your situation to determine who owns this. There may be some confidentiality, trade secret, or even trademark aspects that could affect the outcome, but I doubt it from what you have briefly said. An intellectual property lawyer should be able to advise you fully.

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Answered on 11/06/09, 3:24 am


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