Legal Question in Administrative Law in Florida

I am a therapist at an addictions treatment facility and I want to write a self-help book. If I sign a non-disclosure agreement can my employer gain any rights to the book under the guise of "invention" or "trade secrets"? The book will not contain any confidential client information or techniques/ideas used by the staff or facility. The book will be based on a technique I created and I use.


Asked on 8/25/09, 6:49 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I think you should be able to write the book and have rights to it. A couple of caveats: If you created the techniques in the scope of your employment and at the request of the employer, the employer may have rights to the techniques themselves, that is, if there are intellectual property rights in the techniques themselves (such as a patentable method). Once you write down the techniques, there are copyrights to the written expression. Many employers will have you sign an agreement to this effect, but even if there is not an agreement, the employer may own anything you create in the scope of your employment if it is part of your job (it's harder to prove without an agreement).

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Answered on 8/26/09, 9:31 am


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