Q: Intellectual property law for book written while working for a company.
Wrote a book on a topic very relevant to the company where I work. My personal connections made it possible. Roughly half of the time spent on the project was my own personal time, and I've spent a couple thousand dollars on the project that have not been reimbursed. I have kept good written records of all this. For the first half of the project, my job description had nothing to do with it. I was a customer service agent. My job title has since changed to "research analyst", and is closer to including this type of work. I have not signed any contracts regarding intellectual property.
My employers have also made promises such as "You will share in the financial success of this project". The information in the book will generate millions of dollars for the company as marketing material, and over 100,000 copies will likely sell.
I want to negotiate for royalties from book sales. Do I have any leverage here?
A:
Given your situation, where the work was done partially on your own time and without a specific contract addressing intellectual property rights, you might indeed have leverage in negotiating royalties for your book. The key factors in your favor are the lack of a clear intellectual property agreement with your employer and the significant personal time and resources you invested in the project.
However, since the book is very relevant to your company and you have transitioned to a role that could encompass such work, your employer might claim some rights to the work, particularly for the portion created while you were in your new role. The promises made by your employers about sharing in the financial success could also play a role in negotiations, especially if these promises can be substantiated with written records or witness testimony.
Your leverage in negotiating for royalties will largely depend on the specifics of your employment agreement, any relevant state laws regarding intellectual property created during employment, and the evidence you have regarding the promises made by your employer.
To strengthen your position, consider consulting with a lawyer who specializes in intellectual property law to review your case and advise on the best approach to negotiating with your employer. They can help you understand your rights and formulate a strategy to pursue a fair share of the royalties from book sales.
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