Do you own your material?

You will probably assume that you own everything related to your company from photos to marketing material to your website. But, you may be wrong.

How can I not own my stuff?

Basically, if you or an employee did not create it, you may not own it. Clearly, if you create your own logo, you will own it. If your company has “actual” employees, not sub-contractors, consultants, etc., you will also own anything that is created by them.

See the IRS form Works Made for Hire in PDF format

What don’t you own?

You will not own anything created by someone who is not a legitimate employee of your company. This includes, but is not limited to, the following:

• Consultants
• Sub-Contractors
• A graphic designer
• Photographer
• …and so on

But it’s mine, I paid for it!

Maybe, but unless they area full fledged employee, PT or even a temp worker who fills out a time card and gets a w2, you will not. Unless…

Enter the “Work for Hire” agreement

If you have clicked the link above, you will have seen that the government views items created by employees and outsiders as different ownership possibilities.

If you truly want to keep ownership of something that an outsider creates, you will need to create a work for hire agreement or add a WFH clause to your subcontractor contracts.

So, do you have any thoughts, opinions about ownership of Intellectual Properties? Let us know in the comments.

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