An employer may temporarily contract a freelancer to fulfill a certain short-term need or execute a specific project for which they do not have the budget to bring on a full-time staff member. Using their specialized skills to handle isolated tasks like this is likely how a freelancer earns their primary source of income. And so, both parties may benefit from this arrangement in the best way. But at the same time, both parties must understand their given rights in the matter. For instance, before any work is done, they must settle who keeps ownership rights over the product that is ultimately created. With that being said, please continue reading to learn who technically owns intellectual property that a freelancer originally creates and how an experienced New Jersey licensing agreement lawyer at The Ingber Law Firm can help you personally navigate this working relationship.
Who owns intellectual property created by a freelancer?
If you are a freelancer yourself, you may be happy to learn that you may have an automatic copyright over your original work, whether it be a literary work (i.e., article), artistic work (i.e., graphic design), musical composition (i.e., business jingle), computer software (i.e., website code), or otherwise. And while you do not necessarily need to register your copyright for your rights to be valid, it is in your best interest to gain the protection and benefits provided by the United States Copyright Office.
However, when you are creating an original work for an employer who temporarily hired you, you likely signed some sort of contract before starting. Within this contract, there may be a “work made for hire” clause, in which you essentially agree to assign or transfer ownership over the intellectual property to the employer at the project’s close. If you would rather maintain ownership rights, it is better to sign off on a licensing agreement. Here, the parameters of how the employer may use your original work may be specified (i.e., what they can use it for, how long they can use it for, etc). In the end, you may continue to showcase this work in your portfolio to gain future freelance opportunities.
As a freelancer, why should I hire an intellectual property lawyer?
An employer may present you with a contract that does not explicitly define their intellectual property usage rights, along with where ownership ultimately lies. That is, a “work made for hire” clause may be purposefully hidden with confusing or contradictory language. All of this to say, you do not want to put pen to paper and agree to a work arrangement that you do not fully understand. So, before starting this working relationship with an employer, you should have a proficient intellectual property lawyer thoroughly read all legal documentation and contracts that are sent your way.
To conclude, this matter may obviously be important to you, and you may want the best possible outcome. So please, do not proceed without a skilled Essex County, New Jersey intellectual property lawyer in your corner. The team at The Ingber Law Firm is here at your command.
