Legal Question in Business Law in California
Copyright ownership
A trainer developed materials and taught classes as an independent contractor, under the direction of the hiring party. The trainer left to teach at another company. Does the trainer have the legal right to claim ownership and teach the same instructional and marketing materials that were the intellectual property of the hiring party?
2 Answers from Attorneys
Re: Copyright ownership
No, but your question assumes a fact, i.e., that the materials were the intellectual property of the hiring firm. It could be argued (with what success I can't predict) that the materials were the trainer's, or that they were not secret enough to be trade secrets, or otherwise lacked legal protection.
Misappropriation of trade secrets is a tort for which the injured party can recover damages, but that is balanced against policy favoring freedom of employment. To prevail, the employing firm would have to establish several facts regarding the materials' protected nature, and while maybe it can, it isn't a slam dunk case.
Re: Copyright ownership
There is no easy answer to your question. A lot depends on a variety of factors. Is there an independent contractor agreement that both parties signed? What does it say about intellectual property? Was there an oral agreement, and what was it? Was the person contracted to train, or to develop training materials, or to train and develop?
The previous attorney was right that you cannot assume the training materials are YOUR intellectual property. Much analysis needs to be done before determining who can truly claim legal ownership.
Sincerely,
Sergio Benavides
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