Ownership of Work Product

This policy is designed to protect your organization’s intellectual property rights to materials employees create for the benefit of your organization, such as books, research, software, etc. Trademark and copyright are two forms of intellectual property protection.

Here’s why this policy matters. Suppose you direct an employee to write a manual explaining church doctrine. Your organization distributes the manual to pastors in your denomination. After the employee quits, he claims to be the manual’s author and attempts to collect a royalty fee each time your organization copies or distributes the manual. Typically, work an employee creates on behalf of an employer belongs to the employer. Without a work product policy, it may be unclear who owns the rights to the manual. With a work product policy, you may allow employees to obtain rights if you choose, but you can decide when to grant this permission.

If you include this policy in your organization’s handbook, don’t modify the language extensively without the assistance of local legal counsel. For example, the policy includes language regarding your ownership rights if a development is created “in whole or in part on your organization’s time.” If you remove this section, an employee could argue that most of the work was done at home on the employee’s own time. It’s very difficult to prove otherwise, after the fact.

Copyrighted Materials

While we have not included a sample policy on the use of copyrighted materials, you may consider including such a policy in your handbook. Copyright law applies to numerous items, such as journals, publications, sheet music, recordings, and photographs. However, due to the complexity of copyright law, the intellectual property rights of others are easily and frequently violated. While some exceptions apply to educational and not-for-profit organizations, the general principles of copyright law still apply. Consult legal counsel to assist you in drafting and approving a copyright policy.

SAMPLE POLICY:
OWNERSHIP OF WORK PRODUCT

All developments relating to (name of organization) or capable of beneficial use by (name of organization), including, but not limited to, object code, source code, marketing, confidential and trade secret information, techniques, slogans, designs, artwork, and writings, compositions, which an employee conceives, makes, develops, or acquires, either solely or jointly with others, during his or her employment, in whole or in part on (name of organization) time or with (name of organization) equipment and resources, and shall immediately become and remain the sole and exclusive property of (name of organization).

All employees agree to grant and assign to (name of organization) any and all rights, title, or interest now existing or that may come into existence throughout the world that employees may have in any developments as described in the above paragraph. Employees may not assign, or license rights to, such developments to third parties without the written consent of (name of organization)

Guidelines

Developments include, but are not limited to, inventions, discoveries, improvements, ideas, software, formulas, and processes conceived by an employee.

Employees shall promptly and fully disclose in writing all such developments to (name of organization), and shall at any time either during or after the employee’s employment, upon request of the (name of organization) without charge, execute, acknowledge, and deliver to (name of organization) all instruments that (name of organization) may request to enable (name of organization) to file for, and to acquire, maintain, and enforce, all trademarks, service marks, registrations, copyrights, licenses, patents, and any other intellectual property rights reasonably desired by (name of organization) covering such developments.

This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

Working Together © 2022 Brotherhood Mutual Insurance Company. All rights reserved. www.brotherhoodmutual.com/working-together. Updated 9/2021.