Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Handling IP Ownership Issues In Remote Work
It is no secret that the daily lives of U.S. employees have changed drastically since 2020. Hybrid or fully remote work arrangements, plus temporary or permanent relocation, have blurred lines and shifted norms around how and where employees perform work. These changes present numerous administrational and legal challenges to entertainment-industry employers. Significantly, the changes have also necessitated new practices and policies to ensure that employers own and retain all necessary rights in intellectual property that workers who classify as "employees" create.
A key step to ensure that industry employers own the intellectual property is having employees sign agreements that assign to the employer all intellectual property created in the course of employment. But even when assignments are broadly drafted in favor of the employer, various state laws prohibit or restrict assignments for some intellectual property created outside of work hours and without use of employer resources. Several of these laws require that employee assignment agreements include the relevant excerpts from such state statutes or risk being deemed void.
The following discussion highlights how the changing concept of "work" may jeopardize employers' ownership of intellectual property, focusing on the requirements of specific state statutes and suggesting changes employers can take to avoid footfalls. Certain issues raised in this analysis may similarly apply to independent contractors and individuals located outside the United States, though that is beyond the scope of this discussion.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.