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Gig Economy and Intellectual Property Ownership

December 3, 2024
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Intellectual Property Rights in the Gig Economy: What Founders Should Know

The Freelancer Advantage

Many founders engage freelancers to support their startup. This arrangement offers:

  • Critical project completion
  • Competitive pricing
  • Direct freelancer-client relationships

Who Owns the Work?

When it comes to intellectual property created by freelancers, the law is clear: the founder owns the work through the "work made for hire" doctrine.

Understanding Copyright Ownership

  • Normal rule: Creator owns copyright
  • Exception: "Work made for hire" gives ownership to employer
  • Applies to freelance work created for hire

Trademark Considerations

  • Rights based on commercial use
  • Freelancers create but don't use marks
  • Business ownership through commercial use

Platform Protections

Most gig platforms protect founders' rights:

  • Fiverr policy: "Buyers are granted all rights for delivered work"
  • Always review gig listings for ownership terms
  • Verify intellectual property transfer details

Moving Forward Confidently

Don't hesitate to engage freelancers for your projects. Just ensure:

  • Clear ownership terms
  • Written agreements
  • Platform policy review

Ready to protect your intellectual property while working with freelancers? Book your free intellectual property assessment.

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J. Greg Tinch

Business leaders and individuals seeking legal protection benefit from Greg Tinch's strategic guidance as a registered patent attorney and experienced litigator. With deep expertise in intellectual property and proven courtroom experience, Greg delivers precise, high-touch service across IP prosecution and VICP litigation. Drawing from experience advising federal officials and representing clients in Maryland courts, Greg converts complex legal challenges into clear paths that achieve client objectives.