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Home Q&A Forum How to address IP rights in contractor agreements?

Intellectual Property

Independent Contractor Agreement

North Carolina

Asked on Nov 10, 2023

How to address IP rights in contractor agreements?

I am an entrepreneur who has recently started a business and is looking to hire independent contractors to help with my operations. I want to make sure that I have a clear understanding of the Intellectual Property rights associated with this agreement, so that I can ensure that any IP created by the contractors is legally protected.

1 Attorney answer

Answer

Intellectual Property

North Carolina

Answered 220 days ago

N'kia N.

ContractsCounsel verified

Business Lawyer
Licensed in North Carolina
Free Consultation

A business has multiple options for protecting its intellectual property when working with an independent contractor. For a few examples: 1. A "work made for hire" agreement or clause can establish that the business is the owner of intellectual property that the independent contractor creates. 2. A confidentiality or non-disclosure agreement or clause can require the independent contractor to maintain the confidentiality (and limit or prohibit the independent contractor's disclosure) of the business' confidential or proprietary information. This can include the business' trade secrets (one type of intellectual property), as well as other information that might not rise to the level of trade secrets. 3. A non-competition agreement or clause can prohibit the independent contractor from using, or allowing someone else to use, the business' intellectual property to compete with the business. An independent contractor agreement with intellectual property considerations could implicate various federal and state-specific laws. A knowledgeable North Carolina attorney should be able to help you with an independent contractor agreement that complies with all the applicable laws. To ensure that you have a clear understanding of the intellectual property rights associated with your independent contractor agreement, you should consult with a knowledgeable attorney.

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