Benjamin Reingold was recently published in Campaign, a leading business media outlet, examining the intellectual property considerations agencies should weigh when deciding whether to engage employees or independent contractors. While staffing decisions are often driven by business, tax and operational factors, ownership of intellectual property can have significant legal implications.
The article outlines how Canadian law treats ownership of copyrights, trademarks, patents and industrial designs differently depending on the nature of the working relationship. Employees may not always be presumed to own work created during employment, while contractors often retain ownership unless rights are expressly assigned. Benjamin emphasizes that clear, enforceable assignment provisions are essential to reduce uncertainty, protect valuable IP assets and help avoid costly ownership disputes.
