3 ms·

While I know the comment above appears to be suggesting keeping all IP — and I agree that's not workable — there are a number of employers that would also like

While I know the comment above appears to be suggesting keeping all IP — and I agree that's not workable — there are a number of employers that would also like to own the IP to any love notes I write my sweetheart, photographs I take of my nephew, etc. Also I've seen some that want moral rights, which I don't think one should be required to give up, ever. Reform is needed here. I have no qualm about signing over IP developed specifically for the company, on the company's dime. But some IP agreements get absurd about it.

andsoitis 3y ago
> there are a number of employers that would also like to own the IP to any love notes I write my sweetheart, photographs I take of my nephew, etc. What’s a good example of an employer who wants that from someone because that person is an employee?
- eminence32 3y ago
  moreover, is there any case law that suggests such things are an enforceable part of an employment contract?
- caminante 3y ago
  I'm curious for examples, too. Otherwise, this is hyperbole or exceptional in the least.
- billythemaniam 3y ago
  It is extremely common among research universities where they try to own all your ideas. I remember a professor had a side business cleaning pools which had nothing to do with his research area. The university found out and wanted their cut. He gave it to them because it was better than being fired and sued. These types of contracts are illegal in CA, but legal in many other states.
  - caminante 3y ago
    There has to be more nuance here, e.g. using university email/resources.
- brewdad 3y ago
  If you read the letter of many employment agreements, they try to claim anything you create while under their employ is theirs. Do they want your love letters? Not unless you become famous and they think they can make a book out of them. Do they want the code to that side project you’ve been playing around with? Quite possibly. Can you afford to fight them if they do try to claim it? Maybe if your side project has already taken off.
  - caminante 3y ago
    > they try to claim anything you create while under their employ If written that broadly, that's just sloppy. [0] It benefits both sides to be more clear. There are also nuances to "claim" and what rights the employer may have (e.g. They get a license, but not full copyright.) IANAL, but I have recently read an IP waiver for a mega firm with heavy R&D and while they get their hooks in most job-related creations, they have exclusions for things orthogonal to your job. [0] https://pro.bloomberglaw.com/common-misunderstandings-about-intellectual-property/ https://pro.bloomberglaw.com/common-misunderstandings-about-...

andsoitis 3y ago

> there are a number of employers that would also like to own the IP to any love notes I write my sweetheart, photographs I take of my nephew, etc. What’s a good example of an employer who wants that from someone because that person is an employee?

eminence32 3y ago
moreover, is there any case law that suggests such things are an enforceable part of an employment contract?
caminante 3y ago
I'm curious for examples, too. Otherwise, this is hyperbole or exceptional in the least.
billythemaniam 3y ago
It is extremely common among research universities where they try to own all your ideas. I remember a professor had a side business cleaning pools which had nothing to do with his research area. The university found out and wanted their cut. He gave it to them because it was better than being fired and sued. These types of contracts are illegal in CA, but legal in many other states.
- caminante 3y ago
  There has to be more nuance here, e.g. using university email/resources.
brewdad 3y ago
If you read the letter of many employment agreements, they try to claim anything you create while under their employ is theirs. Do they want your love letters? Not unless you become famous and they think they can make a book out of them. Do they want the code to that side project you’ve been playing around with? Quite possibly. Can you afford to fight them if they do try to claim it? Maybe if your side project has already taken off.
- caminante 3y ago
  > they try to claim anything you create while under their employ If written that broadly, that's just sloppy. [0] It benefits both sides to be more clear. There are also nuances to "claim" and what rights the employer may have (e.g. They get a license, but not full copyright.) IANAL, but I have recently read an IP waiver for a mega firm with heavy R&D and while they get their hooks in most job-related creations, they have exclusions for things orthogonal to your job. [0] https://pro.bloomberglaw.com/common-misunderstandings-about-intellectual-property/ https://pro.bloomberglaw.com/common-misunderstandings-about-...