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As far as assigning copyright, that clause probably has no effect, simply due the legislation already saying the employer holds the copyright. The IP rights pa

As far as assigning copyright, that clause probably has no effect, simply due the legislation already saying the employer holds the copyright. The IP rights part may have an effect depending upon how it is phrased, and what it covers (say patents). See Copyrights, Designs, and Patents Act, 1988; section 11 http://www.legislation.gov.uk/ukpga/1988/48/section/11 http://www.legislation.gov.uk/ukpga/1988/48/section/11 "11 First ownership of copyright. (1)The author of a work is the first owner of any copyright in it, subject to the following provisions. (2)Where a literary, dramatic, musical or artistic work [F1, or a film,] is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary." Computer programs are deemed to be a "literary work". The important part is that the work has to be "in the course of employment". If the s/w does not relate to what the company does, then it would not be such. IANAL. There are some employment contracts which widen the scope to cover stuff which is not in the course of employment. You have already stated how one gets such resolved. Discuss with the employer and agree a change, or leave.

sdwolfz 6y ago
I am not a native English speaker so excuse my ignorance, but how is "in the course of employment" different from "during employment", or "while employed". Don't all of them pretty much mean "for as long as I have an employment contract with the company"? Or does the word "course" mean something different in this case?
- dfawcus 6y ago
  Well there is this: https://www.gov.uk/guidance/ownership-of-copyright-works https://www.gov.uk/guidance/ownership-of-copyright-works I've generally interpreted it as meaning acts performed in fulfilling your role/position as an employee. So if you're essentially doing free work for your employer on your own time, at home, using your equipment, it belongs to them. Stuff done which has nothing to do with your employment, created on your own time, with your own resources, belongs to you. Otherwise every poem, sketch, photo, or even a letter you wrote, etc that you create would be their copyright, which is patently a nonsense unless your contract explicitly states that. It would state such if "course" it referred to the time you were their employee. The difficulty occurs where there could be a conflict of interest between what you create privately, using your own resources, and what the company employees you to do. So don't do that. However that may be difficult for companies which have their fingers in a lot of pies.

sdwolfz 6y ago

I am not a native English speaker so excuse my ignorance, but how is "in the course of employment" different from "during employment", or "while employed". Don't all of them pretty much mean "for as long as I have an employment contract with the company"? Or does the word "course" mean something different in this case?

dfawcus 6y ago
Well there is this: https://www.gov.uk/guidance/ownership-of-copyright-works https://www.gov.uk/guidance/ownership-of-copyright-works I've generally interpreted it as meaning acts performed in fulfilling your role/position as an employee. So if you're essentially doing free work for your employer on your own time, at home, using your equipment, it belongs to them. Stuff done which has nothing to do with your employment, created on your own time, with your own resources, belongs to you. Otherwise every poem, sketch, photo, or even a letter you wrote, etc that you create would be their copyright, which is patently a nonsense unless your contract explicitly states that. It would state such if "course" it referred to the time you were their employee. The difficulty occurs where there could be a conflict of interest between what you create privately, using your own resources, and what the company employees you to do. So don't do that. However that may be difficult for companies which have their fingers in a lot of pies.