Do I retain copyright or intellectual property rights for work completed while a non-contracted illegally unpaid intern?
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Do I retain copyright or intellectual property rights for work completed while a non-contracted illegally unpaid intern?
I was recently taken on as an unpaid game content writing intern. I worked 45 hours a week and performing entry-level tasks. I believe the employer is violating the first 4 criteria of the FSLA section regarding unpaid internships, and I want to leave the company as I feel exploited. However, I produced an entirely new story arc and script along with character profiles that they intend to put in the game. Can I take my work back when I leave? I don’t believe it was a work for hire situation as I have never officially worked for the company and was in an illegal position when signing my NDA.
Asked on January 9, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether the company violated labor laws or took liberty with the definition of an unpaid internship does not change the fact that if you were doing this as part of your "job" or "employment' and at the behest of your employer, it is, for copyright purposes, a "work for hire" and you do not have the rights to it. You also apparently signed an NDA as well, which depending on its terms, could reinforce that you do not the rights to this content.
You may well have a cause of action for wages if they violated the rules regarding unpaid internships; you may wish to speak with an employment law attorney.
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