5 ms·

Got details on employers not being allowed to claim rights on work done during free time? I heard from a Google employee that their contract prevented them fro

Got details on employers not being allowed to claim rights on work done during free time? I heard from a Google employee that their contract prevented them from working independently on personal projects.

arkem 10y ago
Here's the California statute: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=02001-03000&file=2870-2872 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&gr... It says that IP assignment clauses that cover non-competing work done on the employee's own time with their own equipment are not allowed. How it works at Google is that you sign an IP assignment clause that says effectively "All the intellectual property that you create is the property of Google except where prohibited by law" and then they attach a copy of that law to the contract. After that you can work on personal projects but if you don't like uncertainty Google has a process that will affirm that Google has no claim to your side project. The process has you describe the project and affirm you worked on it on your own time and then if Google agrees that it doesn't compete with them they'll let you know that they're ok with it.
NDizzle 10y ago
I have worked part time at several different places while keeping a full time thing going. (which doesn't pay much, but I choose my own adventure) Each one has tried to make me sign paperwork involving them getting first right of refusal on things I make. I have refused to sign those documents, three times now, twice for one company, with no real recourse from their side. HR put on a show but I didn't take the bait. Make a stand when it comes to things like that. I own my spare time, nobody else.
- st3v3r 10y ago
  That's great, but not everyone is in such a position to be able to do so.
driverdan 10y ago
Never sign something that claims IP created outside of work.
- st3v3r 10y ago
  Unfortunately I think that's the default in some states. It's considered "business friendly".
  - Animats 10y ago
    Exactly. And that's why we in Silicon Valley don't have to worry about competition from other states. State legislators will cave to lobbyists on this and screw it up.

arkem 10y ago

Here's the California statute: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=02001-03000&file=2870-2872 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&gr... It says that IP assignment clauses that cover non-competing work done on the employee's own time with their own equipment are not allowed. How it works at Google is that you sign an IP assignment clause that says effectively "All the intellectual property that you create is the property of Google except where prohibited by law" and then they attach a copy of that law to the contract. After that you can work on personal projects but if you don't like uncertainty Google has a process that will affirm that Google has no claim to your side project. The process has you describe the project and affirm you worked on it on your own time and then if Google agrees that it doesn't compete with them they'll let you know that they're ok with it.

NDizzle 10y ago

I have worked part time at several different places while keeping a full time thing going. (which doesn't pay much, but I choose my own adventure) Each one has tried to make me sign paperwork involving them getting first right of refusal on things I make. I have refused to sign those documents, three times now, twice for one company, with no real recourse from their side. HR put on a show but I didn't take the bait. Make a stand when it comes to things like that. I own my spare time, nobody else.

st3v3r 10y ago
That's great, but not everyone is in such a position to be able to do so.

driverdan 10y ago

Never sign something that claims IP created outside of work.

st3v3r 10y ago
Unfortunately I think that's the default in some states. It's considered "business friendly".
- Animats 10y ago
  Exactly. And that's why we in Silicon Valley don't have to worry about competition from other states. State legislators will cave to lobbyists on this and screw it up.