"I Own That - Don't I?" - Common IP Misconceptions - Part 1
One of the most common IP misconceptions is the "work for hire" doctrine. Under that doctrine, an employer automatically owns the copyright for work product created by an employee within the scope of his or her employment. The employer does not, however, own the copyright for work product created by an independent contractor, such as a graphic artist, website designer or advertising agency, UNLESS the client obtains a written agreement with the independent contractor acknowledging that the work product is "work for hire," and preferably assigning the copyright to the client if, for any reason, the work is not deemed to be "work for hire."
This is a very common misconception! I constantly have clients who are forced to pay twice for work product: once when the work product is initially developed by independent contractors, and again when the client has to pay the independent contractor to assign its copyright rights when the client learns the work product is being used for a competitor, or gets a nastygram (cease and desist letter) from the independent contractor. The key is to negotiate ownership of the work product at the beginning of the relationship - independent contractors want work, and they want to be paid, so they will agree to virtually anything up front.
