Pertaining the case cited by the answer, this might be an interesting read: http://bit.ly/gt5BGE (Google Books)
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?
#32The advice in that forum is an illustration of why you should not believe legal advice that is given to you by non-lawyers. Much of it is wrong, dangerously so.
For example one person claims that by default what you do on your own time is owned by you. Sorry, that varies by jurisdiction and local laws. It is true in CA, but false in NY.
Several people claim that CA offers strong protections. That is true, but the protections are not nearly as strong as they are claiming.
And so on. If you, personally, care about this topic, talk to a good IP lawyer who knows the local laws for your state.
Re: Does my company have IP rights to the stuff I do in my spare time?
#33Not 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.)
Re: Does my company have IP rights to the stuff I do in my spare time?
#34It's a seller's market, don't take a job at a company with policies you don't agree with, regardless of how common they are or how enforceable they might be[1]. It's quite easy to find employers in the bay area that don't demand such things or will waive the clause. Make sure to tell them why you didn't take the job. [1] I suppose if it's clearly and completely unenforceable little harm is done
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.
Re: Does my company have IP rights to the stuff I do in my spare time?
#35UK Opinion:
I started writing an application 10 years before the formation of a UK Ltd company, and when I joined them I let them use it.
I ended up having to negotiate and buy said software from the liquidator when it failed because it was cheaper than fighting the claim in court to prove ownership.
As many have said, get everything in writing.
Re: Does my company have IP rights to the stuff I do in my spare time?
#36Maybe, but if you don't actually create IP yourself -- you hire a contractor to do what you do at your day job -- you will stay in the clear and gain valuable experience.
Managing a contracted worker in your field of expertise, within the creative restriction that you cannot perform their work for them, is itself a highly educational exercise for someone with entrepreneurial interests.
Be sure to document well, though.
Re: Does my company have IP rights to the stuff I do in my spare time?
#37"Does this seem off-topic to anyone else? – Russell Steen Jan 26 at 14:49"
Is the reason I just get sick of S.O. sometimse.
Re: Does my company have IP rights to the stuff I do in my spare time?
#38Maybe, but if you don't actually create IP yourself -- you hire a contractor to do what you do at your day job -- you will stay in the clear and gain valuable experience. Managing a contracted worker in your field of expertise, within the creative restriction that you cannot perform their work for them, is itself a highly educational exercise for someone with entrepreneurial interests. Be sure to document well, thoug…
That's all fine and good for legal reasons, but frankly the whole point of doing stuff in my free time is that I want to be the one doing it. Otherwise I wouldn't be doing it in my free time.
I get what you're saying from a financial and legal perspective, but it definitely does not solve the greater problem.
Re: Does my company have IP rights to the stuff I do in my spare time?
#39I had asked pretty much the same question here:
http://news.ycombinator.com/item?id=1839301
Re: Does my company have IP rights to the stuff I do in my spare time?
#40[deleted]