3 ms·

Usually the clause where they claim ownership needs to have the phrase "Related to the business", or "During work hours with company equipment". If it tries to

Usually the clause where they claim ownership needs to have the phrase "Related to the business", or "During work hours with company equipment". If it tries to claim all IP during the course of the employment, redline it and hand it back

_odey 5y ago
Search for the words "or otherwise" in that block of text. I've had multiple discussions with the legal department at that employer and they refused to remove those words from the text. So it's not enough to just have those phrases in there (as they already are)... 13.4 (c) hereby assign to us by way of future assignment with full title guarantee (insofar as title to them does not automatically vest in $COMPANY as a consequence of your Employment subject to clauses 39-43 of the Patents Act 1977) all copyright arising in any original material (including source code and object code for software) and all other Intellectual Property Rights produced by you in the course of your Employment, whether during our normal hours of business or otherwise, or at the premises or using our facilities or otherwise, for the whole term of such copyright including any extensions or renewals thereof and including the right to sue for damages and other remedies for any infringements of the copyrights; and
- anaisbetts 5y ago
  Well of course, I didn't give instructions on how to write a Regular Expression to parse legal contracts, I assumed that OP would still apply the semantic rules of English to his reading
denton-scratch 5y ago
Salaried staff in the UK may be considered to be employed 24/7, even if normal contractual hours are 9-5; i.e. you're not supposed to take a second job. Of course, a hobby isn't a second job, but that argument might not wash at a tribunal. It's best if you get your employer to recognise that your open-source work benefits them, so they explicitly agree that your FOSS work is part of "the course of your employment", even if you are forbidden to do it during office hours. This definitely needs to be clear in your contract; if it's not clear, the confusion is likely to be resolved to the employer's benefit.
deleted 5y ago
[deleted]

_odey 5y ago

Search for the words "or otherwise" in that block of text. I've had multiple discussions with the legal department at that employer and they refused to remove those words from the text. So it's not enough to just have those phrases in there (as they already are)... 13.4 (c) hereby assign to us by way of future assignment with full title guarantee (insofar as title to them does not automatically vest in $COMPANY as a consequence of your Employment subject to clauses 39-43 of the Patents Act 1977) all copyright arising in any original material (including source code and object code for software) and all other Intellectual Property Rights produced by you in the course of your Employment, whether during our normal hours of business or otherwise, or at the premises or using our facilities or otherwise, for the whole term of such copyright including any extensions or renewals thereof and including the right to sue for damages and other remedies for any infringements of the copyrights; and

anaisbetts 5y ago
Well of course, I didn't give instructions on how to write a Regular Expression to parse legal contracts, I assumed that OP would still apply the semantic rules of English to his reading

denton-scratch 5y ago

Salaried staff in the UK may be considered to be employed 24/7, even if normal contractual hours are 9-5; i.e. you're not supposed to take a second job. Of course, a hobby isn't a second job, but that argument might not wash at a tribunal. It's best if you get your employer to recognise that your open-source work benefits them, so they explicitly agree that your FOSS work is part of "the course of your employment", even if you are forbidden to do it during office hours. This definitely needs to be clear in your contract; if it's not clear, the confusion is likely to be resolved to the employer's benefit.

deleted 5y ago

[deleted]