When someone has an idea but needs to outsource work, what documentations/agreements need to be made in order to protect the idea?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When someone has an idea but needs to outsource work, what documentations/agreements need to be made in order to protect the idea?
If one has an idea for a software but needs to outsource work to programmers etc., how does one protect that idea so that he/she retains the intellectual property rights of the end product, which in fact will be produced in good part by those the work was outsourced to.
Asked on August 31, 2011 Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally, anything which you hire someone to create for you is a "work made for hire" and you will have the intellectual property rights to it. You can make this more explicit by having the programmer execute an agreement specifically stating that anything made pursuant to (whatever work agreement you hire them by) is a "work made for hire" and that as a work for hire, all intellectual property rights belong to you. The agreement should also state in the alternative that if it should be concluded that the work is not a work for hire, that the programmer agrees to assign all intellectual property rights to you, and execute any documents necessary for that purpose. Finally, before even telling them the idea, have them sign a confidentiality agreement in which they agree to not use the idea for their own benefit or disclose it to any third parties.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.