Will I need trademarks on my artwork if…?
I plan to apply for a job at a video game company as a character artist. I have years worth of original characters that I have already made. Along with stories, background on them. When I apply for this job, would I need to make it so that the company wouldn’t be able to sue me later on for working on my own work? Example: if during the job but on my own time, I draw from what I already have made before working there. Just being my hobby and yet I want something to become of them one day. Would the company be able to claim these drawings and ideas? I recently read about the trouble between Barbie and Bratz. But the creator of Bratz drew the sketches while working at Mattel. My work has already been drawn out. Will I need a patent?
I really would love to hear from people that are in the industry currently, or have been. Thank you!
First of all it sounds to me like you are talking copyright, not trademark or patent. To what extent your creativity before during and after are compromised is dependent largely on your employment contract. Almost assuredly, your new employer will own the copyright on what you produce while you are employed there. If you base your future work on what you’ve done for the employer you had better have some kind of protection in your contract because otherwise they will claim that you violated their copyright. Likewise whatever you take into work should be protected although your employer will be the one most at risk.
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