TLDR: Usually not, but there are exceptions.
This is your daily reminder that, contrary to popular belief, your boss usually doesn't own your intellectual property (see the law below).
There is a common scam, especially in academia, where bosses/employers/PIs will lie to their employees and tell employees that the employees' intellectual property is owned by the boss/employer/PI.
I have even seen gullible employees willfully let their bosses steal their intellectual property (including co-authorship) based upon this unlawful myth.
To help you idiots avoid having your intellectual property stolen by your boss/employer/PI, I have provided you with some legal authorities (in the USA):
Copyright ownership laws:
>the "work made for hire" law. See 17 U.S. Code § 201 and 101 ("work made for hire" definition).
>the legal definition of "scope of employment." See generally City of Newark v. Beasley, 883 F. Supp. 3 - Dist. Court, D. New Jersey 1995.
>the copyright statute of frauds. See 17 U.S. Code §204(a).
>the legal definition of authorship and co-authorship. See generally Feist v. Rural, Supreme Court 1991 and Thomson v. Larson, Court of Appeals, 2nd Circuit 1998.
>the legal right of a copyright owner, or co-owner, to unilaterally publish a work without the permission of bad faith co-authors. See generally US Ex Rel. Berge v. Univ. of Ala., 104 F. 3d 1453 (4th Cir. 1997).
>with regards to bogus intellectual property policies, refer to you state's laws on invalid contracts.
Patent and Trade Secret ownership laws:
>the "shop right" doctrine. See generally United States v. Dubilier Condenser Corp., 289 US 178 - Supreme Court 1933.
>the "hired to invent" doctrine. See generally United States v. Dubilier Condenser Corp., 289 US 178 - Supreme Court 1933.
>who is a co-inventor? See generally Hobbs v. Atomic Energy Commission, Court of Appeals, 5th Circuit 1971.
>with regards to bogus intellectual property policies, refer to you state's laws on invalid contracts.
This is your daily reminder that, contrary to popular belief, your boss usually doesn't own your intellectual property (see the law below).
There is a common scam, especially in academia, where bosses/employers/PIs will lie to their employees and tell employees that the employees' intellectual property is owned by the boss/employer/PI.
I have even seen gullible employees willfully let their bosses steal their intellectual property (including co-authorship) based upon this unlawful myth.
To help you idiots avoid having your intellectual property stolen by your boss/employer/PI, I have provided you with some legal authorities (in the USA):
Copyright ownership laws:
>the "work made for hire" law. See 17 U.S. Code § 201 and 101 ("work made for hire" definition).
>the legal definition of "scope of employment." See generally City of Newark v. Beasley, 883 F. Supp. 3 - Dist. Court, D. New Jersey 1995.
>the copyright statute of frauds. See 17 U.S. Code §204(a).
>the legal definition of authorship and co-authorship. See generally Feist v. Rural, Supreme Court 1991 and Thomson v. Larson, Court of Appeals, 2nd Circuit 1998.
>the legal right of a copyright owner, or co-owner, to unilaterally publish a work without the permission of bad faith co-authors. See generally US Ex Rel. Berge v. Univ. of Ala., 104 F. 3d 1453 (4th Cir. 1997).
>with regards to bogus intellectual property policies, refer to you state's laws on invalid contracts.
Patent and Trade Secret ownership laws:
>the "shop right" doctrine. See generally United States v. Dubilier Condenser Corp., 289 US 178 - Supreme Court 1933.
>the "hired to invent" doctrine. See generally United States v. Dubilier Condenser Corp., 289 US 178 - Supreme Court 1933.
>who is a co-inventor? See generally Hobbs v. Atomic Energy Commission, Court of Appeals, 5th Circuit 1971.
>with regards to bogus intellectual property policies, refer to you state's laws on invalid contracts.
