Q: As a developer, does my employer own rights to my side projects that I work on in my own time and on my own hardware?
In my employer’s employment agreement:
“As between Company and myself, I agree that all right, title, and interest in and to any and all copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and trade secrets conceived, discovered, authored, invented, developed or reduced to practice by me, solely or in collaboration with others, during the period of time I am in the employ of the Company (including during my off-duty hours), or with the use of Company’s equipment, supplies, facilities, or Company Confidential Information, and any copyrights, patents, trade secrets, mask work rights or other intellectual property rights relating to the foregoing (collectively, “Inventions”), are the sole property of the Company.”
Does this mean that even if, in my own free time away from work on my own hardware, if I make a dog sitter app and the company is a restaurant management software service that they own my app or any others I create
A:
That is what they are asking for. You would need to consult with an employment attorney in your state to see if this would be enforceable under local law.
This is an overreach by the company. Normally, they limit this sort of agreement to inventions or software related to their line of business (whether or not made at work). Often there is an appendix where you can list inventions, ideas, etc. that you already have and thus are outside of this agreement.
I would take this as a red flag that the company may be unreasonable in other parts of their relationship with you.
Kevin E Flynn
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
