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Does my company have IP rights to the stuff I do in my spare time?

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Re: Does my company have IP rights to the stuff I do in my spare time?

#111
post #34

Earlier quoted context omitted.

in what way is it a seller's market? as far as i can see, high-tech employment is still not all the way back up to pre-recession levels.

If you tried to hire in the past few years in an area like Boston this wouldn't require further explanation.

are you speaking from experience? if so, i'm curious - is it that you confined your search to boston, or that people elsewhere were unwilling to relocate?

Re: Does my company have IP rights to the stuff I do in my spare time?

#112
post #43
post #23

Earlier quoted context omitted.

Not in California; we have a state law that specifically addresses (and forbids) this kind of behavior by companies. I'll let a poster over at the OP speak for me: California is one state where their policy is NOT enforceable as far as their ownership. They may fire you over it but they won't own your work.

Read this again, maybe twice. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&#3... Then read your employment contract that you may have signed. It often contains legal terms like "work for hire", etc. that have explicit definitions. Make sure you read your contract after understanding these definitions. The portions that are not easily enforceable include the following: You contract may state that the agre…

The law specifically says that a company cannot claim to own your private work except under very specific conditions. If you, for instance, work for Zynga and develop a game that is very much modelled after a Zynga game, then Zynga has a case. If you develop a CRM for Patent Attorneys, Zynga has no case -- unless you developed the CRM while at work at Zynga.

Under that scenario, the IP you generate does indeed belong to the company.

Only if the "IP" falls under very specific guidelines. Writing an MMORPG at home while working at Zynga? No, Zynga can't claim squat. You don't need to wait to terminate employment in order to work on projects at home.

Re: Does my company have IP rights to the stuff I do in my spare time?

#113
post #50

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&#3... Unless I'm reading this wrong: if you work on it solely on your time, with your equipment, it's yours (in California, anyway). UPDATE: Oh, also it can't compete with their business.

People, this link talks about "inventions". Nothing else is included in this. Please do not generalize this to "work". If you invent something while adhering to the statutes stated here, and write software implementing that invention, then the invention would belong to you. But the software doesn't! Software is subject to copyrights, not inventions.

Regardless of the word used, this law does apply to copyrighted works in practice. "Invention" is used in the sense of "creations".

Re: Does my company have IP rights to the stuff I do in my spare time?

#114
post #113
post #50

Earlier quoted context omitted.

People, this link talks about "inventions". Nothing else is included in this. Please do not generalize this to "work". If you invent something while adhering to the statutes stated here, and write software implementing that invention, then the invention would belong to you. But the software doesn't! Software is subject to copyrights, not inventions.

Regardless of the word used, this law does apply to copyrighted works in practice. "Invention" is used in the sense of "creations".

That would be excellent. How can I confirm this?

Re: Does my company have IP rights to the stuff I do in my spare time?

#115
post #112
post #43

Earlier quoted context omitted.

Read this again, maybe twice. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&#3... Then read your employment contract that you may have signed. It often contains legal terms like "work for hire", etc. that have explicit definitions. Make sure you read your contract after understanding these definitions. The portions that are not easily enforceable include the following: You contract may state that the agre…

The law specifically says that a company cannot claim to own your private work except under very specific conditions. If you, for instance, work for Zynga and develop a game that is very much modelled after a Zynga game, then Zynga has a case. If you develop a CRM for Patent Attorneys, Zynga has no case -- unless you developed the CRM while at work at Zynga . Under that scenario, the IP you generate does indeed belon…

I wrote this on another comment of yours. This would be great. How can I confirm this?

Re: Does my company have IP rights to the stuff I do in my spare time?

#117

Google, my employer, recently refused a request that I made to release as open source some software that I had been working on in my spare time and without using any of their resources, on they claim that my software would compete with one of their projects. :-(

I work for ITA, which is being acquired by Google, and this is one way in which it's going to be a step down. ITA's noncompete is the narrowest I've seen; it only claims stuff that I do in the travel industry.

As a former ITA employee, I was amazed by how great the ITA inventions agreement was in this respect. It has set the bar for negotiations in my future employment negotiations.

Re: Does my company have IP rights to the stuff I do in my spare time?

#118
post #99
post #11

In general you should avoid signing the standard contracts at any job. I've always made changes to protect my after-hours work, and they've been okayed every single time.

Have you worked at any large companies and had success with that? I'm used to dealing with people who don't know who wrote the agreement, have given it to thousands of others "without a problem", and treat me like I am a bit odd for actually reading it, let alone trying to change something.

Yes actually I've pushed changes back at companies like Cingular and AT&T, and semi-large consulting firms like NCS Tech, and others. The HR rep will usually think I'm odd, but it's saved my butt at least once, so it's worth a couple odd looks:)

Re: Does my company have IP rights to the stuff I do in my spare time?

#119
post #114
post #113

Earlier quoted context omitted.

Regardless of the word used, this law does apply to copyrighted works in practice. "Invention" is used in the sense of "creations".

That would be excellent. How can I confirm this?

IANAL, but I know there are existing cases. I confirmed it through a friend who's been doing HR here for years. So: either lawyers or HR people or both, I suppose.

Re: Does my company have IP rights to the stuff I do in my spare time?

#120
post #46

Not in Canada they don't. The courts will look at every case individually but unless there is obvious malfeasance on behalf of the employee, any "we own you" contracts are unenforceable. (Point being that it depends on where you live.)

Do you have any links, references on this?? Specific to Canada - and Alberta - would be nice. :) I'm trying to find more info on this, and can't find any relevant info on Google...

You should check out the Alberta employment standards office. It's goes the same for non-compete agreements, which are also hard to enforce north of the 49th.
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