Question:
in your first example the sample dresses were designed by Karl Largefeld and your employee only did the sewing. Therefore the intellectual property of the dresses belongs to Karl.
In your second example however, Employee A came up with the idea. Not the salon owner. Shouldn't the intellectual property of the design belong to the employee? Regardless of whether she was employed or not. Mind I only say the idea. And if that is the case, property of the photographs isn't then split between employee A and owner, as employee owns the idea, but owner the photographs themselves?
Yes, Employee A came up with the design, because that is what her employer was paying her to do.
It's a well established legal principle that designs/ideas created during the course of employment belong to the employer. Intellectual property law is concerned with the legal ownership of ideas.
It might be easier to understand the reasoning for this if you consider large organisations such as pharamaceutical companies, research centres, governments etc. that need to ensure that their employees don't use their facilities to make a breakthrough discovery and then try to sell the information/design to the highest bidder. The employer has invested in the employee by providing facilities, equipment, materials etc. to enable the employee to do a job that they receive payment for.
In the second example, the employee is being paid to create a unique nail design.
Her reward for doing her job (applying her technical skills and flair) is her wages.
The employer owns the design 100%.
In the first example, if the seamstress was also a designer employed by KL who designed and sewed up the samples, can she take photos of 'her' designs to advertise her dress alterations business?
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Answer: No, because she is employed by Chanel as a designer (and seamstress) and under IP law, the designs belong to Chanel.
