Who owns the IP? The answer depends on who created it, their relationship to your business, and what agreements are in place. Work through these scenarios to understand ownership in common business situations, then consult the reference table.
| Scenario | Default Owner | How to Change |
|---|---|---|
| W-2 employee creates work within scope of job | Employer | Cannot be changed — statutory work-for-hire |
| Employee creates work on own time, own tools, unrelated to job | Employee | Written assignment agreement (CA/WA have limits) |
| Contractor creates work (no written agreement) | Contractor | Written IP assignment clause required |
| Contractor creates work with work-for-hire clause | Company | Must be in one of 9 statutory categories |
| Two parties jointly develop product | Joint | Joint development agreement can allocate rights |
| Founder brings IP into new company (no assignment) | Founder personally | IP assignment to company at formation |
| Software built using open-source (GPL) components | Complex | GPL may require open-sourcing derivative works |
| AI-generated content (no human authorship) | Unclear | Copyright Office generally denies registration |
| Work created before employment starts | Individual | Carve out in employment agreement |
| Invention made using company resources | Disputed | Depends on state law + employment agreement |