How do I keep departing (or current) employees from taking and/or using company materials and ideas?

Question

I am in a creative field. I have turn over of employees from time to time. Recently, a former employee had copies some files that contained a unique design we had been working on. It was the company's work product. We invested time, material and creative capital in its development.... from inception. He is currently marketing it as his own design. I understand copyright and trademark answers the ultimate question. What I am looking for is some sort of "work product agreement" I can have employees sign upon hire... does anyone know of a generic document I can use?

Answer 1

I know exactly what you are talking about, but have never heard of any generic form. But, when creating the "work product agreement" you have to cover three grounds-- ideas, materials, confidentiality of work. You should have a paragraph that covers what should not be disclosed out side of the work place.

Also, I would sue your ex-employee.

Answer 2

An agreement would be a good idea as courts will usually side with the original author if the transfer of rights is disputed.

However you cannot protect your ideas, they must be in fixed form to have a defensible copyright. For example if your are working up a logo for an airline, and someone suggests using a bird, and later your ex draws a bird for the airline, that is not an infringement. Now if there was a specific icon drawn out, and later that same image shows up at competitors, you would have a case. if your employ took with him all evidence of the original design, then you are really out of luck ...

many companies now shy away from work for hire copyrights. a better situation is to have the employes register their own work at company expense with a transfer agreement plus a little bonus in the paycheck. The "work product agreement" is a commercial contract, and if the (former) employ claim they did not receive proper workmans wages, they will retain their copyright and can negate your registrations.