Discussion:
In Pennsylvania...
I work PT as a writer for a small company (salaried). My boss wants me to come up with slogans for mugs, t-shirts, etc. If I were to leave the company, I would like to continue to receive some monies from the sale of these items. What is normally done in cases such as this?
Thank you.
AB
Answer:
I work PT as a writer for a small company (salaried). My boss wants me to come up with slogans for mugs, t-shirts, etc. If you are a regular employee, and the writings and slogans are part of your job, then you do not own any rights to the works -- they belong to your employer. Google "work for hire" if you want more info, or look up "work for hire" in 17 USC 101.
I were to leave the company, I would like to continue to receive some monies from the sale of these items. You don't own the rights for stuff created as a "work for hire," so there is no reason to expect that you would receive any further compensation for the work. In other words, your paycheck is the compensation for the work. You can ask you company to work something else out, but such as arrangement would be highly unusual.
What is normally done in cases such as this? See above. As an employee, your paycheck is your reward.
If you want to retain ownership of your creative works, or have leverage to negotiate a royalty and licensing scheme for you works, you will probably need to go it alone as an independent contractor or consultant. Since only employees are typically covered by "work for hire," if you quit work and instead do your creative work on a consulting basis, then you can continue to maintain some control over your work. But as long as you are a "W2" employee, you do not own anything you create as part of your job, and you have no rights to the work whatsoever.
Answer:
Thanks for responding. My boss has indicated that when we go forward with creating these things, he will share the profits. I, of course, would like that to continue if I were to leave the company.