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Who owns freelance design work?

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gripman

Junior Member
What is the name of your state (only U.S. law)? California

Hello,

I am currently working freelance for a small business making pistol grips. I do all the computer design work, CAM machine output programing for the CNC and sometimes run the machine, finish, package and ship.

The company is somewhat stagnating and I'm concerned with it's future. I am looking into expanding my existing company into manufacturing grips myself. My question is, do I have any right to the designs I've made to this point? I want to use them, as well as other designs I've worked on in my free time, for my product line.

There was no NDNC or any contract signed with the company I am subbing for. There is no paper trail other than a couple emails back and forth acknowledging I work with the company, and my weekly checks for the hourly rate I get paid, made out to my company- not directly to me.

So, do I have any right to my design work? What do you all think?

Thank you!

-gripman
 


It's been a while since I've looked into this, but if I recall correctly, I believe it depends on whether or not you would be considered an employee of the company you were providing grips to, or if you would be considered an independent contractor.

I believe it's very fact sensitive. One detail that would be considered is your tax status. Does the company have you on file as an independent contractor or do they list you as an employee? Other facts to consider would be where you perform the work, who supplies the tools you use, and whether or not you work under supervision or with directions from a manager.

If a person is clearly working independently -- i.e., they work from home, they use their own tools, they don't have a supervisor, they don't receive direction from the company, the company considers them an independent contractor -- then generally the copyright in the creation stays with the person creating it. If the person is clearly working as an employee, then the copyright might be viewed as belonging to the company.

Unless the facts are all going one way, it would be difficult to judge your particular case. You should ask an attorney. Because this is more like an advisory question, you could probably get an answer for cheap or no cost at all.
 

gripman

Junior Member
The facts are somewhat difficult, really.

- I am an independent contractor. I get no tax documents from the other company, and I believe the owner of the company just lists his expense of my wage as a business expense. I do not know how he does this, all I know is that my business gets nothing from him at the end of the year as to taxes. I add whatever I make from him to my business income (sole prop). Until recently I was averaging $1500-$2000/ mo income from this arrangement.

- I work from my shop and at the company's location. I use my own tools at my personal shop, as well as my own tools I took to the other company's location, as well as tools owned by the other company. For instance, to start, I took my CNC to the other business location and was running it there. Then the owner of the other business bought a CNC and I use his as well. The other business incurs expenses, though, for both machines- consumables (tool bits), etc.

Kinda sticky, huh?

Thank you for your input thus far as well as anything else you or anyone else could advise.

-gripman
 

quincy

Senior Member
. . . I believe it's very fact sensitive. . . Unless the facts are all going one way, it would be difficult to judge your particular case. You should ask an attorney. Because this is more like an advisory question, you could probably get an answer for cheap or no cost at all.
Sloop John D said it all, as quoted above. It is fact specific and you should have an attorney in your area review the facts to determine if the company owns the design work as a work made for hire, or if you own the design. A forum like this cannot do a personal review.

Good luck.
 

gripman

Junior Member
Gentlemen,

Thank you for your time and input. I will seek local council for a better idea of where I stand. I appreciate your input in giving me a basis of understanding to go off of.

Have a great day,
Gripman
 

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