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CA law protects independent side projects, even if your employer says otherwise

leginfo.legislature.ca.gov

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Re: CA law protects independent side projects, even if your employer says otherwise

#2
I don't know who needs to hear this, but California Labor Code 2870 says your employer doesn't have rights over work you do that (1) doesn't relate to your employer's business and (2) didn't result from work you did for your employer.

So even if your employment contract uses language that makes it seem like your employer owns everything you make while you're employed, work you do that qualifies under this code will be protected.

Re: CA law protects independent side projects, even if your employer says otherwise

#4
This isn't a new provision, and is reflected in most CA employment contracts.

The problem is clause #1 - "Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer". If you work for a big company - Apple, or Google, or even IBM - they tend to claim that their business is "anything computer related". And so they claim ownership over anything computer-related that you do. It's debatable whether these claims would stand up in court, but do you really want to go up against one of these company's legal department as an individual? Particularly if you're no longer employed by them and trying to get your own thing off the ground?

Re: CA law protects independent side projects, even if your employer says otherwise

#8
post #2

I don't know who needs to hear this, but California Labor Code 2870 says your employer doesn't have rights over work you do that (1) doesn't relate to your employer's business and (2) didn't result from work you did for your employer. So even if your employment contract uses language that makes it seem like your employer owns everything you make while you're employed, work you do that qualifies under this code will b…

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