‘Marvel’ and the Importance of Careful Drafting in Transferring IP Rights

September 2011

As part of day-to-day operations, companies regularly enter into intellectual property assignment or “work for hire” arrangements with employees, contractors and consultants, often pursuant to form agreements that are not tailored to the particular engagement. However, decisions such as the Southern District of New York’s recent opinion in Marvel Worldwide Inc. v. Kirby highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.

Daniel Glazer and Dan Ashe's recent article from the New York Law Journal discusses the Marvel decision and provides an overview of best practices in drafting transfers of IP rights from employees, contractors and consultants

To continue reading, please click the linked article above for Patterson Belknap's analysis.