Pretty sure I will be asking a lawyer, but I want to learn more words and concepts first.

A possible new job wants to own any intellectual property I create and wants me to declare anything I want to keep as my own. This seems normal in my industry as they will be paying me to do some thinking.

Issue is that I have a number of ideas I have been developing. I am going to float some of them as products in my own time, though this may be years from now. Most of these are outside the current market for the company as far as I know.

How is this typically handled? I presume I don’t need to have copyrights or trademarks prior and can just list tentative titles.

I am also a little unclear on the spread between “intellectual property” and “an idea I am playing with”.

Thoughts? Concepts to investigate?

Edit: I did Internet search this, but I have not found working keywords.

  • Rand0mA@lemmy.world
    5·
    8 months ago

    Email the idea to yourself or something before you start working. Then they can go sit and swivel as youll have it dated as work that exists before you started work with them.

    I’m not a lawyer or anything… But sounds legit to me

  • grabyourmotherskeys@lemmy.world
    74·
    8 months ago

    I have signed several of these. If you do it on company time or with company resources, it’s theirs. If you do it on your own time with your own stuff, it’s yours.

    You may or may not be shocked to learn how many “personal projects” get done when people are supposed to be doing the work they get paid for or with resources they are effectively stealing from their employer. This isn’t some evil corporate attempt to steal your brilliant work. They are trying to make sure that when you are at work using their stuff you are doing your actual job.

    If you have your own things you want to pitch as products you will be giving over the rights to that the minute you work on it on company time with company resources.

    If your ideas are good, save money, quit, start a start up, and use your connections to make a good deal with them (sell it to them). Or wait until you are a vested shareholder.

    • MNByChoice@midwest.socialOP
      1·
      8 months ago

      I am shocked to learn people would work on side projects at work.

      I won’t know if my ideas are good until I try them, so I will be defensive until I can test in the market.

      Thank you

      • grabyourmotherskeys@lemmy.world
        2·
        8 months ago

        You are probably very new to working in IT/programming if this shocks you and a clause like this is new to you.

        I would ask myself how much a regular salary is worth over the value of a “maybe” idea you are not committed to already.

        My personal advice is spend your time and energy honing your skills to increase your leverage with employers. When you are ready to take an idea to market you’ll need to understand how businesses work, etc. You can learn that at work. Pay attention to everything.

        • MNByChoice@midwest.socialOP
          1·
          8 months ago

          I am shocked that people would endanger their personal projects by doing them at work. It often results in a quick firing. (At least I’m places I have been before.)

          New job has the kindest version of the clause I have seen, which is why it is interesting.

          • grabyourmotherskeys@lemmy.world
            2·
            8 months ago

            I really think people think no one will notice. If you are stealing time and resources from your employer, you probably lack respect for them or have an inflated sense of your importance or expertise.

  • NightAuthor@lemmy.worldEnglish
    110·
    8 months ago

    Chat GPT4 says:

    It’s wise to consult a lawyer for matters involving intellectual property (IP) rights, particularly when entering into an employment agreement that may affect ownership of your ideas. Here are some key concepts and steps you might consider:

    1. Intellectual Property (IP) Assignment: This typically refers to a clause in employment contracts where an employee agrees to transfer the rights of creations related to the job to the employer. Understanding the scope of this clause is crucial.

    2. Pre-existing Works: You should document and list any pre-existing ideas or projects you have developed before joining the company. These should be explicitly excluded from the IP assignment in your contract.

    3. Scope of Work: Clarify with the employer the fields or subjects the IP assignment covers. If your ideas are outside this scope, they may not fall under the company’s IP claim.

    4. Invention Assignment Agreements: These are common in tech and creative industries and usually require employees to disclose any inventions made during their employment. Distinguishing between work-related and personal projects is essential here.

    5. Confidentiality and Non-Disclosure Agreements (NDAs): These could also play a role in how your ideas are protected or disclosed.

    6. Document Everything: Keep detailed records of your ideas, the development process, and the dates. This could be vital if there’s ever a dispute about when and where the IP was created.

    7. Future Ventures: If you plan to develop your ideas into products in the future, consider forming a legal entity (like an LLC) and assigning your IP to that entity.

    8. Terms to Research: Look into “work made for hire,” “non-compete clauses,” “trade secrets,” and “non-disclosure agreements.”

    Remember, the laws can vary significantly by jurisdiction, and the specifics of your situation can change the advice significantly, so professional legal counsel is always recommended.