RE: Power of Attorney in Employment Agreement

From: Julian A. Haffner <JHaffner[_at_]smmlawyers.com>
Date: Tue, 26 Sep 2006 18:28:31 -0400

 

Heather,

These kind of POA provisions are not untypical. Usually one finds them in agreements where there is a contemplated work-made-for-hire relationship. Preceding the POA language is usually an express statement that any product of the employment/contractor relationship is a work made for hire, and is owned by the employer. The POA language that follows is usually couched in terms such that to the extent there is any question about the work made for hire nature of the work product, the employee grants the employer a limited power of attorney to execute such documents as are necessary to properly reflect the party's agreement - e.g. copyright registrations, or assignments of copyright. I believe to the extent the employer has an express written agreement signed by employee and employer expressly granting a work made for hire, the provision is unnecessary, but gives the employer insurance.

Julian A. Haffner, Esquire    

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-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Heather Vargas Sent: Monday, September 25, 2006 2:36 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Power of Attorney in Employment Agreement

I have seen a few employment and independent contractor agreements recently that contain a power of attorney from the employee/contractor to the employer/company to prosecute copyright/patent applications or otherwise act in the employee's stead with respect to intellectual property matters for work done for the company. Has anyone seen any case law on whether this is acceptable? Any opinions on whether this is a good/bad idea? Necessary? For those in favor, does anyone have good form language that they might be willing to share?

Thanks.

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Received on Wed Sep 27 2006 - 02:28:31 GMT