4 ms·
On point #3, I think we're talking about two different things. You mentioned "noncompete" agreements, which is an important topic but unrelated. What I was tal
by declan 11y ago
On point #3, I think we're talking about two different things. You mentioned "noncompete" agreements, which is an important topic but unrelated.
What I was talking about is intellectual property assignment clauses. Excerpt:
Under California law, an employee cannot be required to assign any of his or her rights in an invention he or she develops “entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information” unless:
when the invention was conceived or “reduced to practice” (actually created or a patent application filed) it related to the employer’s business or actual or “demonstrably anticipated” research or development, or
the invention resulted from any work performed by the employee for the employer (California Labor Code, § 2870) http://www.intellectualpropertylawfirms.com/resources/intellectual-property/patents/is-your-pre-inve http://www.intellectualpropertylawfirms.com/resources/intell...
Unfortunately you are correct about the Smule CEO being correct (assuming he was quoted accurately).
- ryandamm 11y agoI think the operative phrase there is 'related to the employer's business' -- the other issue is noncompete / IP assignment clauses will be written to be broad, then they force you to win on merits: you have to prove it doesn't relate to their business, and if you lose (because courts introduce a degree of randomness), it doesn't matter what the protection was. And of course, that possibility has a chilling effect, which is sort of the point of the overly-broad IP assignment. (But yes, you're totally right, I was conflating IP assignment and noncompete... I've been tangled up in both.)