Intellectual Property Ownership

Do I own intellectual property or work product created by employees and contractors?

Under Canadian copyright law, if the author of a work was in the “employment of some other person under a contract of service” and the work was made in the course of employment, then unless there is an agreement to the contrary, the employer is the first copyright owner. However, the question of ownership can be complex and has been the subject of litigation. As such, a clear answer as to the ownership of intellectual property requires a fulsome legal analysis. Consultation with a lawyer is recommended.

To help clarify ownership, employment and contractor agreements typically include an ownership of intellectual property (work product) provision. 

If you would like to assign your employee's or contractor's intellectual property to your company, click here

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