Comment: Be a Contractor? Cross-Out IP contract terms? etc. (Score 1) 463
There may be different laws/policies that apply when employed vs contracting.
Suppose you could write an agreement for a nearly identical arrangement,
where you'd do what you do now, as a sub-contractor. Include (or paste-in)
all the bits of your contract (that are NOT inconsistent with) you doing your
off-time projects, while keeping the IP rights to it.
Add all the bits that define an agreement of Contractor & Consultant, rather
than employee. (Get a lawyer to draw it up, if the company won't. Maybe
there are standard forms for this? IANAL, myself.)
Of course, it takes 2 to Tango... so, this leaves your employer in the role of
"Deal Breaker" ie, if they want to risk losing your services, if you don't get
what you want.
Now, in fairness, it might be said that you're "only" able to get as least some
of these great product/project ideas -because- you're working in the context
you call "workplace"... and your employer could then be said to be contribu-
ting to -even- your after-hours projects.
If they don't want to give you 100% ownership of your work, maybe offer
up to 49%, so you both recognise their contribution, but -retain- controlling
interest in your creations, which they did -not- pay for.
Alternatively, let them pay you for any work they want to own 100%, or sign
-only- agreements that let you do what you wish with -your- AH creations,
but they get it "free" (as part of your normal earnings).
There are lots of solutions, but - if you can't -both- sign up to one of them
that you can live with - quit.
Maybe form or join a group of similarly aggrieved creative techies & offer
the benefit of your talents as a consulting company, and write your -own-
agreements.
Don't just sit there & feel you're being forced-into something that adverse-
ly affects your total lifetime earnings.
When -next- you're asked to sign a contract with untenable IP terms, like the
one you've referred to here, just cross out the offending line(s), & hand it
back, signed.
IF they fail to check the line(s) on IP, it's not really important to them... so,
no issue arises.
IF they call you on it, simply point out that you've made that change, so
you may find that you have -no- IP case to answer...