Is there any legal risk associated with paying users to submit good ideas?
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In any system like this, users would need to acknowledge that they are submitting their ideas to the company without any guarantee that their idea will receive a cash reward. But, despite this legal disclaimer, is there still any legal risk that users could sue the company if they see the company implementing an idea similar to one they had previously submitted to the company, and which they had not received a reward for? I have heard anecdotally that this is a reason that movie production companies do not accept unsolicited scripts being sent to them, for fear of people thinking that a later film produced by the company was based off of their mailed-in script. This is a follow-up question to .
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Answer:
Short Answer: Yes. However, there might be ways to minimize risks to acceptable levels under the "work for hire" doctrine. Paying a user for submitting an idea will likely decrease legal risk. Long Answer: There will always be a legal risk when a business interacts with people. The more it interacts with people, the higher the risk. Thus an idea submissions process which invites people to interact with a company inherently adds additional legal risk. Because there is always a non-zero risk of a frivolous lawsuit, the fact that it can happen is not helpful in assessing legal risk. The analysis should focus on how to limit legal risk to acceptable levels. The legal risk of paying casual users for ideas turns on the issue of who owns the intellectual property in question. Most relevant to this issue is the doctrine of "work for hire." In a typical "work for hire" scenario an employee is hired to be create some sort of intellectual property for his employer. The employee is paid a wage and in return he/she transfers all rights associated with the intellectual property to the employer. A work for hire clause is usually inserted into an employment contract The scenario described in the question is more complex because it does not deal with an employee but rather a casual user of a service that submits an idea. All intellectual property rights lie with its creator unless he/she somehow transfers rights to a another party. There are three ways legal risk that can arise from a user submission process 1) the user sues the company for infringement, 2) competitors steal the resulting IP and 3) the user sells the IP to a competitor. A submission process must at the very least secure a license for the company to use the resulting intellectual property (IP). This can be done by adding language to the submission process (i.e. terms of service on a website). For example, Facebook gains a license to use the pictures you upload anyway they want. You cannot sue Facebook for copyright infringement if they use the pictures you uploaded to their website. Much the same way the IP submitted to a website can be used by the company if they have language that allows for it. Because the submitter retains most rights associated with the IP most courts would accept the company obtaining use of the IP for free. This solves problem #1 of being sued for infringement but not #2 and #3. If the company offers payment for an idea, then an argument can be made that the submitter was "hired" for his idea and the resulting "work" becomes property of the company. Not only does this give the company a right to use the IP, but also prevent other competitors from using it and the creator from selling it to somebody else (the last two risk). In this case payment diminishes legal risk under the work for hire doctrine. Note: The application of work for hire differs when applied to patents or to copyrights. There are also complex questions of what sufficient/fair notice of terms and payment might be depending on the situation. As always, this answer should not be construed as legal advice and an attorney should be consulted before setting up a submission system.
Franklin Jiron at Quora Visit the source
Other answers
Legal risk, where you define it as 'chance you will lose a lawsuit', isn't the real issue here. You could certainly set up a paid idea submissions process such that no submitter would ever have a chance of winning a lawsuit claiming that you stole their idea. The trouble is that even lawsuits where you eventually win, even entirely frivolous lawsuits that the plaintiff has no chance of ever winning, can be expensive and time consuming to deal with. So there can be risks posed to the business by the legal system even if there's no chance you'll ever lose a lawsuit.
Trevor Austin
There is always a legal risk in everything you do. Having employees show up to work everyday carries potential legal risks. As for ideas I think it's a little different as ideas are thoughts without implementation. I argue before you, the court, can an idea, a thought, really and truly be stolen and covered under law? Is that thought of a nice breakfast or thought of why doesn't the bus go down that street, they would make more money, covered by law? You decide. People love to repeat the saying: It's not the idea, but the execution that matters. Ideas are worthless. Anyone can have an idea it's implementing said idea that truly determines if it's an idea worth chasing. Because you are paying for ideas, I think you are lessening any potential lawsuit as you paid for ownership over that idea even though I think an idea isn't unique or something one person can truly own. If someone were to sue, they'd have to have probable cause you frauded them. Then you could counter claim that the original person who thought of the idea would have had the resources and money to implement the idea anyway. Remember: ideas are subjective thoughts and everyone has them.
Dwayne Charrington
There is risk of patent infringement if those ideas are commercially used by the company. For example, a user submits a great idea that the company decides to implement, doubling their profits. The user did not receive a cash reward, and the user acknowledged that the company was not obligated to give them a cash reward. Thus, the user was not paid or hired by the company at all. The user merely shared the idea with the company, and the company used it. Little did the company know that, prior to sharing the idea with the company, the user had filed a patent application and was granted a patent on the idea. Now the company is faced with patent infringement. To avoid this scenario, the users who submit ideas first should be required to grant the company a license to use those ideas in any way the company sees fit. Also, even if the user did not patent the idea, it is possible that someone else, who is not a user, has a patent on the idea. That risk is not a direct result of users submitting ideas, though.
Anonymous
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