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Stacey Friends quoted in Mass High Tech |
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Stacey Friends was quoted in the special article entitled Attorneys share entrepreneur's IP mistakes. The article addresses what happens when entrepreneurs don't turn to
professional help with intellectual property law. It appeared in the
Inside IP Law section on April 17, 2009:
Stacey Friends
Shareholder, Ruberto,
Israel & Weiner PC
Boston
In the excitement of building a company, entrepreneurs often fail to take the
steps to ensure that all intellectual property being contributed by independent
contractors, co-founders and employees ends up in the name of the company.
Obviously it is easier to avoid IP ownership mistakes or misunderstandings by
hiring an attorney, so perhaps this is not a fair answer, but there are simple
things entrepreneurs can do on their own. First, entrepreneurs should make sure
that they have a written agreement with all contractors that includes a "work
for hire" clause. This dictates that copyrightable work done by the contractor
will belong to the company. Contractor agreements should include an assignment
of IP clause also as a back-up, since the work for hire doctrine only applies to
certain types of works.
Entrepreneurs should also have employment
agreements between all employees (this includes the founders) and the company
they create which include work for hire and assignment of IP clauses as well as
noncompete and confidentiality provisions.
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