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I am pretty sure they have no legal foundation for their claim, no matter where it is written.
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If you work fulltime for a company (at least in Australia), them having IP ownership of an employee's ideas is a given.
If you can't leave the job, the next thing you can do is go for written acceptance that they don't want any part of your idea. A company may not want in as it doesn't fit their current business model, or it could be expensive. Obviously don't go in to too much detail when asking them, though. -
SHA-25614468y@fattymiller Well it's obvious that they own the work you create at work...but if I read op's rant correctly he says that they even want to own stuff he does at home
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owithg21688y@sha-256 Yep. They claim they own everything I think about, even if it is in a dream on a Saturday during paid vacation.
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SHA-25614468y@owithg damn...immediately leave that place that's definitely not legal (not a lawyer )
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iPlexor918yWe have similar rules at my place. Anyone wanting to retain ownership of stuff done outside of work had to get written permission. I only know of one guy that did, since he did some freelance work.
IMHO, it's ridiculous and mostly unenforceable.
Incidentally, I am leaving. 😃 -
@SHA-256 Yeh, that's the deal with where I am as well. A salary sort of implies that they get your brain/attention full time.
It's annoying, but I tend to get existing projects included in my work contracts before I sign them. -
avedis31678yThis is true in most cases. Whatever you produce, it's the company's property. If you've signed on it, then yea.. outside working hours is also logical, since you're not allowed to take freelance jobs => But if u do, and get caught, remember it's their property... that clause is there to protect the employer
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doz874308yThat is the dumbest shit I have ever heard. If you do anything outside of work, that is your property. Unless you are using company property to do it or you are doing it at work or on the clock at the time.
Apart from that anything you do in your own time is yours. As long as it is completely yours are you aren't using any company IP.
To think that somehow the company has rights to what you think in your own time is just ludicrous and wouldn't stand up in Court. It wouldn't even get to court.
I personally have non competes in my contract and need permission to take on work outside of the company. They can't stop me from doing personal projects though. They also can't stop me running my own business on the side (as long as it doesn't conflict with the company).
Related Rants
Just learned my company says it owns everything I think or build, whether I am on the clock or not. It was in the handbook, not the paperwork I signed, but it says I agree to it if I keep working for them. It even says I cannot show interest in something without their approval. FUCK!
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