Hello everyone! This is my first post to his forum and I am hoping
someone has some advice for me. I work for one of the nation’s
largest jewelry chains and have an idea for a complete diamond
jewelry collection, including many ideas for the advertising
campaign. So far I have the jewelry sketched out in 2D on a CAD
program, and have a nice looking 14 page presentation. My regional
vice president and district manager absolutely love my idea. At some
point over the next few months this collection will be presented to
either our head of merchandising or our CEO.
I’m not really sure what to expect or how to proceed. One idea
presented to me was to give my district manager a copy and he would
then forward it on. Honestly, I am not too keen on the idea of
sending my intellectual property all around the company. I would
prefer to make the presentation in person. But again, I don’t know
how these things go or what to expect.
Honestly, I am not too keen on the idea of sending my intellectual
property all around the company.
One thing you may want to do is talk to a lawyer. If you are an
employee of the company you may find that they do not see it as your
intellectual property but theirs since you are in their employ. I
know when I worked as an engineer any inventions or patents I came
up with were considered to be owned by the company not me as an
individual even if they were not directly related to my work for the
company.
Honestly, I am not too keen on the idea of sending my intellectual
property all around the company.
Is it your intellectual property? If you did it on company time or
used company facilities, it’s undoubtedly a work for hire, and
belongs to the company. Depending on your contract with the employer,
even work you did on your own may belong to them.
It also depends on your capacity within the company.
I was in IT, when I worked at an Aluminium manufacture and
distribution company, so any inroads I made into alloys weren’t
theirs, because I was not employed in that capacity.
If I had been a metallurgist, or one of the other metal tech bods
then I would have to have kept my research to myself until I left
their employ.
Is it your intellectual property? If you did it on company time or
used company facilities, it's undoubtedly a work for hire, and
belongs to the company. Depending on your contract with the
employer, even work you did on your own may belong to them.
This is an excerpt from the Wikipedia article about Bratz dolls that
might be relevant to your position.
Mattel sued MGA Entertainment for $500 million, alleging that Bratz
creator Carter Bryant was working for Mattel when he developed the
idea for Bratz. On July 17, 2008, a federal jury ruled that Bryant
had created the Bratz while he was working for Mattel, despite MGA’s
claim that Bryant had not been employed by Mattel at the time and
Bryant’s assertion that he had designed the Bratz between two
separate periods of employment at Mattel. The jury also ruled that
MGA and its Chief Executive Officer Isaac Larian were liable for
converting Mattel property for their own use and intentionally
interfering with the contractual duties owed by Bryant to Mattel. On
August 26, the jury decided that Mattel was to be paid just US $100
million in damages, citing that only the first generation of Bratz
had infringed on Mattel property and that MGA had innovated and
evolved the product significantly enough that subsequent generations
of Bratz could not be conclusively found to be infringing.
As others have stated, it often doesn’t matter if it’s your “own
time” or the “company time.” However, at a minimum, you will be
recognized as an talented and industrious individual within your
company and be better set for promotions, raises, etc. Face-time
with VP of Merchandising and/or President is very valuable for a
career. I’d insist on that and not let your manager bump it up the
ladder. If they decide to produce the line, imagine how that will
look on your resume. However, if your company declines to produce
the jewelry line that you designed, try to get them to allow you (in
writing if possible) to shop your jewelry line around to other
companies. They may or may not consent.