4 ms·

I'm not claiming you're making this up, and I did say I'm not a lawyer and the asker should check their own state laws, but since you object, I'd appreciate for

by n8agrin 17y ago

I'm not claiming you're making this up, and I did say I'm not a lawyer and the asker should check their own state laws, but since you object, I'd appreciate for everyone's sake if you provided some proof of precedence backing up your claim. Edits below: Here's at least one interesting quote from the Copyright act of 1976 (assuming we're talking about copyrights not patents): "A “work made for hire” is a work prepared by an employee within the scope of his or her employment, or a work specially ordered or commissioned for certain uses (including use as a contribution to a collective work), if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. The employer is the author of a work made for hire." http://www.copyright.gov/register/se-hire.html http://www.copyright.gov/register/se-hire.html

apower 17y ago
The contract language is pretty clear. The company owns all IP invented by the employees in any time during employment. In the absence of state or Federal labor laws making exception, the agreement is cut and dry. It is an enforceable contract, signed by the employees. You might say it's not fair. Yes, it's entirely written for the employers. That's why there's needs for state or Federal labor laws to help the little guys. I don't know why you want to get around it and trying to give false hope to people. If you want to claim the contract is not enforceable, then you should provide citations for the claim.
- bry 17y ago
  I don't think anyone is trying to get around anything or cheat the system. Obviously, everyone's situation is slightly different. I have never been in this specific situation before, so I was curious how others might interpret the language or how they might approach it. Its not iron-clad. Businesses owners are not heartless beasts. I think if approached correctly, many would be willing to sign a waiver. Also, I don't think it is cut and dry. There is room for interpretation (I didn't post every word of the agreement, so how would you know for sure?). That's what the court system is for, if it comes down to it. There are other alternatives as well, such as working somewhere else (if you think that is the right move), or just couching the idea for awhile. I think hope is good anyway. Nobody here really wants to be a mindless drone for some company for the rest of their lives. We're all learning here.

by n8agrin 17y ago

apower 17y ago

The contract language is pretty clear. The company owns all IP invented by the employees in any time during employment. In the absence of state or Federal labor laws making exception, the agreement is cut and dry. It is an enforceable contract, signed by the employees. You might say it's not fair. Yes, it's entirely written for the employers. That's why there's needs for state or Federal labor laws to help the little guys. I don't know why you want to get around it and trying to give false hope to people. If you want to claim the contract is not enforceable, then you should provide citations for the claim.

bry 17y ago
I don't think anyone is trying to get around anything or cheat the system. Obviously, everyone's situation is slightly different. I have never been in this specific situation before, so I was curious how others might interpret the language or how they might approach it. Its not iron-clad. Businesses owners are not heartless beasts. I think if approached correctly, many would be willing to sign a waiver. Also, I don't think it is cut and dry. There is room for interpretation (I didn't post every word of the agreement, so how would you know for sure?). That's what the court system is for, if it comes down to it. There are other alternatives as well, such as working somewhere else (if you think that is the right move), or just couching the idea for awhile. I think hope is good anyway. Nobody here really wants to be a mindless drone for some company for the rest of their lives. We're all learning here.