Who Owns Content an Employee Creates While Working?

Short Answer:It depends. Ownership isn't determined by where content was created. It depends on factors like the employee's job duties, employment agreements, company policies, and whether the content was created within the scope of employment.

The Legal Reality

This is one of the most misunderstood areas of employment law.

Many employers assume that if content is created at work, it automatically belongs to the company.

Many employees assume that if they created it, they own it.

Neither assumption is always correct.

Questions that may affect ownership include:

• Was creating content part of the employee's job?

• Was the content created during work hours?

• Were company equipment or resources used?

• Is there an intellectual property or work product agreement?

• Does the content include company branding, confidential information, or trade secrets?

  
  

The answers matter, which is why clear agreements are so important.

What Employers Should Do

Don't wait until an employee's video goes viral to decide who owns it.

Instead:

• Include intellectual property and work product language in employment agreements where appropriate.

• Clearly define expectations for marketing, photography, video, and social media responsibilities.

• Address ownership of company-created content in your handbook or applicable policies.

• Obtain written permission before using an employee's personal content in company marketing.

  
  

Clear expectations protect both the business and the employee.

Common Mistakes

One of the biggest mistakes employers make is assuming ownership without having documentation to support it.

Another is repurposing an employee's social media content for business marketing without asking.

Just because an employee featured your company doesn't automatically give you the right to use their content in advertisements, recruiting campaigns, or promotional materials.

Likewise, employees shouldn't assume they can freely use company logos, confidential information, or customer images simply because they created the content.

Bottom Line

Ownership isn't determined by assumptions.

It's determined by the facts, the agreements in place, and applicable law.

The best time to decide who owns workplace content is before anyone hits "Post."

Related Reading: When Employees Become Content Creators: What Every Employer Needs to Know.

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