As a general rule, any intellectual property (IP) created by an employee in the course of his employment belongs to his employer. This is subject to any written agreement that says otherwise (for example. B whether the employee retains the IP or an IP is automatically assigned to a third party as well as a customer). If employers want to clarify that they own the rights to works created by workers on a global basis, employers should nevertheless address copyright in their employment contracts. While copyright ownership remains under the employer`s law, the treatment of the issue of rights in an employment contract eliminates, in the eyes of employees, any doubt as to access to works created in the context of employment. An agreement can also be used to address the issue of moral rights that cannot be attributed and which would otherwise remain in the hands of the worker. An employer may require a worker to waive these rights by agreement. Otherwise, the employee reserves the right to the integrity of the work and to a connection with the work with a name or pseudonym or anonymity. A right to the integrity of the work may affect the employer`s use of work, for example.
B if a photo can be used or edited in a given campaign. At the beginning of an employer-employee relationship, it is important to ensure that the employer knows where it is with respect to intellectual property. If the employer intends to retain all rights, the employer must ensure that the transfer of IPRs and the protection of confidential information are provided as part of the worker`s hiring conditions. These provisions could include: Tina A. Syring is a partner in the Office of Barnes and Thornburg LLP in Minneapolis and a member of the firm`s Department of Labor and Labor Law. Ms. Syring advises clients on a wide range of work and employment issues, develops and negotiates executive compensation agreements, and works with employers on the effects of social media. Ms. Syring was selected to be included in the 2011, 2012, 2013 and 2014 editions by the Minnesota Super Lawyers® and was named At the Minnesota Rising Star by minnesota Law and Politics. In 2013 and 2014, Chambers USA recognized Ms. Syring as an emerging lawyer in the Labor-Employment: Minnesota sector. Under national and federal law, it is generally well established that an employer can impose conditions of employment by explicitly granting employers future inventions and patents of the worker, whereas there do not appear to be any case directly in Oregon.
Moreover, unlike other states such as California and Washington, which enjoy legal protection for the transfer of patent rights by the worker in an employment contract, Oregon has no such restriction. For example, in both Washington and California, the employer is prohibited from awarding a contract for the assignment of the worker`s inventions, which are developed exclusively at the worker`s hours and expenses and do not relate to the employer`s activities.