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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 2 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 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption