Thank you for your question. Please permit me to assist you with your concerns.The only way to retain copyright is for the non-profit to essentially contract with the 'for profit' or with you directly and create a contract where the intellectual property is not fully transferred but is instead licensed to the new non-profit for use. That would allow you to keep the rights (as they would never be transferred to the non-profit) and retain the ability utilize the intellectual property for your needs, Anything else, any sort of a formal transfer into a new non-profit would act as a means of sending the assets to the entity and not to you, which would then deprive you of the rights. Really, a licensing scheme is probably the most ideal in rights retention.Good luck.
I am not sure if you are getting this... I got a bit confused with the website.
The main thing I am trying to do is remove the conflict of interest when the corporation asks for donations to translate, develop and promote the intellectual property that I am not benefiting from the sell of the same. I want the funds received from donations as well funds that come in from the sell of the intellectual property to all go into the not-for profit and not to me. I will be a salaried person since I will be doing seminars and such for the non-profit. Will what you have suggested accomplish this?
Thank you for your follow-up.Then I am not quite seeing what you are trying to accomplish. To be clear you want to retain rights to intellectual property while not having a conflict of interest with an entity who will actually be disseminating the intellectual property based on donation. Then if you continue ownership of the intellectual property there will also be a potential conflict of interest. Either transfer your rights to the non-profit outright and then take a salaried position within the entity, or transfer your rights completely to a new 'for-profit' entity, then have that entity contract with the non-profit over licensing the rights. But if you want to keep your rights while working for the entity, that won't be legally possible.Good luck.
If I transfer all rights to the non-profit and become a salaried employee and then years later the corporation is dissolved for some reason, who then gets the ownership of the intellectual property?
If you transfer all rights to the non-profit, then creditors if any get the rights to the intellectual property. Otherwise the non-profit prior to dissolution could itself choose to transfer the rights to someone else, be it an individual or a different business entity.Good luck.
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