Tips for Retaining IP when Working with Contractors
Linda Wang is Founder of Cambrian Law Group (cambrianlaw.com). In this video she shares tips for retaining IP when working with contractors.
- Ensure contractors sign an agreement with work for hire language
- IP rights can be assigned later through a specific contract
So, when a start up is starting out, most start ups will not have the resources to hire on full time or even part-time employees. You will use contractors. And when you're using contractors, it‘s really important to have every single contractor sign an agreement that has work for hire language that assigns all their intellectual property to you and company. Actually, to your company. Because you don't have that specific work for hire language when you're hiring contractor, the intellectual property's ownership actually belongs to the contractor.
If you have not signed anything with the contractor before the work commences, it's fine. You can also go your attorney and you can assign the IP rights from the contractor to the company with the specific contract.
So, whether you get your contractor to sign an agreement before starting work or after, it's really important to take these specific steps to ensure that the intellectual property that your contractor has been working on belongs to your company.