Inviting others to work on a certain project may be beneficial because you can combine your independently great ideas to make a single outstanding result. With group projects such as these, you may want to be given credit where credit is due, and understandably so. But being given the appropriate credit becomes all the more pivotal when this “group project” is a piece of intellectual property, and this “credit” has to do with your defined ownership rights over it. With this in mind, continue reading to learn how collaborative works might complicate intellectual property rights and how an experienced Essex County, New Jersey intellectual property lawyer at The Ingber Law Firm can help you navigate this situation.
What is considered collaborative work?
By definition, collaborative work is a new idea, product, or piece of intellectual property resulting from multiple people working together to create it. Further, each person’s input or contribution is inseparable from the others. In other words, the piece of intellectual property would not have existed in any other way.
For example, say that a business is shooting a video to advertise one of its products or services. Well, it may seek the creative input of an independent contractor, who may better understand how to showcase your brand identity through a visual lens. Or, say that a business is inventing a new product that requires crucial material or technology. Well, it may employ an external supplier with a greater capacity to produce and implement this material or technology.
Do collaborative works complicate intellectual property rights?
Just like any group project, there may be friction among the multiple people who are a part of a collaborative work. This may be especially true if no written agreement was laid out beforehand, or if each person’s input or contribution is not exactly tangible and thereby cannot be easily measured. For example, it may be more difficult to negotiate a fair distribution of rights and royalties if one person mainly gives input on ideas and the other person executes these ideas to ultimately create the piece of intellectual property.
Well, under United States Copyright Law, collaborative works are referred to as joint works. And with joint works, it is expected for all contributors to be granted equal ownership rights over the piece of intellectual property unless otherwise agreed upon. More specifically, unless there is an assignment of rights clause within an agreed-upon work-for-hire contract or another legally binding contract. Of note, if you are collaborating with another person across United States borders, you may also need to be wary of international laws regarding joint works.
We strongly encourage you to retain the services of a skilled Essex County, New Jersey intellectual property lawyer. You may do so by scheduling an initial consultation with The Ingber Law Firm today.