What are y rights if for my consulting business startup the main product hat I want to market is an expansion of a report which my organization asked me to develop?
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What are y rights if for my consulting business startup the main product hat I want to market is an expansion of a report which my organization asked me to develop?
The organization which employs me has asked me to develop a comparison report for a certain type of system and what I would like to do is develop a very
detailed report they’ve really only asked for an executive review to market
to local city and state governments as a product needed to make decisions when seeking RFI/RFP’s. I never signed a non-compete, so I’m curious if I should consider anything else legally before marketing this product. Will form business and market as business instead of individual obviously. I’m not planning on initially leaving my employer when I begin this.
Asked on June 6, 2018 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You cannot use ANY content from the report you created for your organization: whether or not there was a non-competition agreement, you did that for your employer, which means that they own that report. (When you create something as part of your employment or for your employer, they own the copyright to that material.) You can create and market a wholly new (written from scratch) report on the same topic, since you are evidently not contractually restricted from doing so. They key thing is, no content (words, graphics, charts, etc.) can be reused.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You cannot use ANY content from the report you created for your organization: whether or not there was a non-competition agreement, you did that for your employer, which means that they own that report. (When you create something as part of your employment or for your employer, they own the copyright to that material.) You can create and market a wholly new (written from scratch) report on the same topic, since you are evidently not contractually restricted from doing so. They key thing is, no content (words, graphics, charts, etc.) can be reused.
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