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United Wizards of the Coast
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Re: United Wizards of the Coast
#12From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…
Common enough even in tech that I've both had contracts try to demand this, and had contracts explicitly rule it out being presented as evidence of how great the company was.
Seconded. I had to be very careful to work on side projects completely divorced from my main job for a spell, and had to get legal approval first.
The common attitude of companies is that they’re paying for the whole of your life inside and outside of “work”, and these Unions are a response to that encroachment (and associated under-compensation in general).
Good on them. Best of luck negotiating a fair contract!
Re: United Wizards of the Coast
#13From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…
When I was looking for my last job a company wanted me to sign something similar to that. I declined their offer and got a job elsewhere instead.
I feel like that's .. the reasonable take here? If you don't agree to their conditions, then .. just don't work there?
Re: United Wizards of the Coast
#14From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…
My first job after finishing my undergrad degree was performing quality analysis on corn starch. As a condition of employment, I had to sign a paper saying anything I invented related to corn was property of my employer.
Re: United Wizards of the Coast
#15From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…
A clause like this is pretty standard in software company employment contracts, at least in the California/Silicon Valley zone. There’s sometimes an exception for explicitly named items that pre-date your employment but sometimes they try to claim ownership of stuff you made before joining the company too.
Typically there’s a way to declare things that you are working on before you start at the company to prevent them trying to sue you for rights to prior work.
Re: United Wizards of the Coast
#16From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…
I've seen it in a couple software developer contracts here in Norway. I find it despicable and have always gotten it removed from any contract before signing. I don't get why it's even legal to have in contracts. I certainly hope it's unenforceable.
It’s very enforceable.
Re: United Wizards of the Coast
#17Re: United Wizards of the Coast
#18From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…
Pretty common actually.
It’s called “broad assignment of IP.” Some jurisdictions disallow that clause.
And then of course there is the distinct but thematically similar anti-moonlighting clause.
Overreaching but common. Like most things, lawyers will take as much as they can possibly get.
Re: United Wizards of the Coast
#19Great to see! I think unions should be the default for most situations.
And they are in much of Europe! Sweden, Denmark, Finland, Norway, Austria, Belgium, Iceland, Italy, etc. Even France has over 80% coverage
Re: United Wizards of the Coast
#20From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…
It's not at all uncommon, and important.
When someone is empowered to work remotely, and is salaried and not held to specific hours, then it's very hard to identify what work is "theirs" and what work is "the company's" in a legally consistent way. Yes, it's usually obvious from context, but context doesn't always carry to a court of law. It can be particularly messy because the kinds of open source projects one contributes to often overlap with the work they do in their day job.
So most companies which are salaried and allow WFH will usually ask employees to explicitly list any project they work on which they don't want owned by the company, with the expectation being that everything unlisted is owned by the company. It's a bit cumbersome, but generally the least bad option.
At our company we have a form to file if we do work outside of hours on OSS or pet projects, and to the best of my knowledge nobody has ever had their application denied.
edit: it's important because it's symmetric - not only does this define what _isn't_ property of the company, it defines what _is_. So if you come up with a clever solution to a problem for a company purpose and introduce it into an OSS project, it doesn't come back to haunt the company.