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Question about copyrights

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  1. #1

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    Question about copyrights

    Now something else. And my apologies if this is the wrong place, I don't know where to put it.

    Some time ago I had the very bad idea of hiring someone, and he worked for me for one year. While under my employment, he wrote a report. After completing employment he used the report to complete his Master studies, not acknowledging neither me nor the funding body. Not very polite or ethical, but there you go.

    Now, I am using some of what he wrote in the report for an article, of which he will be co-author.

    Now he is threatening me, that unless I do particular things I can't use what he wrote.

    Since he was working under my employment, it seems obvious to me that what he wrote belongs to me (after all, if you are paid to build a house, you don't get to keep the house once you finish building it).

    I wonder if anybody has any idea of what the law says exactly? I haven't been able to google it (I guess I put the wrong keywords).

    Does the law says that he has to agree for me, for me to publish some stuff that he wrote under my employment (both of our names would be on it)?

    Can he request particular conditions (such as adding someone else's name?

    Again, I am putting him as a co-author, thus acknowledging his contribution (I also put A LOT of work in it myself) but I don't think I legally have to.

    Final note: sometimes you get to hire complete nutcases


  2. #2

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    Usually anything produces while employed is owed by the entity employing the person unless stated otherwise. Imagine if engineers and programmers alike worked until they made a brilliant discovery and then patented it themselves and sold it to somebody. How could a company work like that? His name can appear on the patent or copyright, but it belongs to the company employer.

    Unsolicited and John_E like this.

  3. #3

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    But did the employee ever sign an agreement stating that anything invented or created while under employment of said company then the company owns all rights.

    I had to sign such an agreement for the company I'm working at now.


  4. #4

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    What? A first post and no public naming/smearing of the culprit?

    Actually, I would think the answer to your question would depend an awful lot on two things: In which jurisdiction did you employ this person, and what did their employment contract say? I don't think there is a "universal law" about ownership of intellectual property created while employed by someone else. Your position certainly makes a lot of sense, but the other side of that coin is that the "artist" may also have ownership rights in the "work". Assuming the employment contract was silent on this issue, then it really will come down to the IP law in the place where he worked. (And maybe whether you live in a place where it's easy to sue someone for IP-related grievances...) Good luck.


  5. #5

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    Thank you all for your feedbacks.

    He worked for me in Hong Kong. The contract didn't stipulate anything about who would own his writing. He clearly doesn't want to negotiate anything. He thinks he owns everything he wrote while working for me.

    There is no financial reward for anybody out of publishing anyhing.

    He also already used what he wrote while working for me, without putting my name anywhere, acknowledging me or the organisation (for whom I work) that paid his salary. So I think I could sue him, rather than he me (though I don't plan to).

    Thank you all.


  6. #6

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    I checked under "intellectual property" (Intellectual Property Department - What is intellectual Property?) but couldn't find anything related to my problem. Does anybody know wher I can find additional information?

    Thanks!


  7. #7

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    Quote Originally Posted by wtbhotia:
    But did the employee ever sign an agreement stating that anything invented or created while under employment of said company then the company owns all rights.

    I had to sign such an agreement for the company I'm working at now.
    I wonder if this isn't to make sure you don't invent stuff in a company (or half a stuff), don't tell anybody about it, and then start your own company and market it (or improve it and market it)? Surely, if you are working for a company and invent something, and everybody knows you did (you tell everybody you did), then you can't take it and sell it to a competitor, or open a company and market it. That seems obvious to me (though of course it's better to state it clearly in contracts, to avoid future legal problems!).

  8. #8

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    Original Post Deleted
    This is a key point.

    Also, the OP has been very parsimonious with details regarding the nature of the work done, the environment (academic? non-profit org? corporate?), and his own actual contributions to the other guy's work (was he involved at all? to what extent?).

  9. #9

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    I'd consult a lawyer rather than getting opinions in a forum.


  10. #10

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    Quote Originally Posted by dear giant:
    This is a key point.

    Also, the OP has been very parsimonious with details regarding the nature of the work done, the environment (academic? non-profit org? corporate?), and his own actual contributions to the other guy's work (was he involved at all? to what extent?).
    Yes, he was basically paid to write.

    I don't think the environment and my own contribution to the guy's work is important. He was paid to write. What he writes belongs to the person who pays him. Right? Same as if you are paid to make a table. You keep the money, the table belongs to the person who paid you.

    I was involved in the guy's work, but he thought (and obviously still thinks) that he knows everything better, and always resisted my attempts to improve his work (so his work wasn't very good at the end).

    Academic environment. But why does that count? Is the law different for academic environments?

    I hope we won't have to turn to lawyers. There is no financial gain for anybody from publishing, so turning to a lawyer would just be a waste of money.

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