

Ask HN: Staffing contract with IP clause, normal? - KevinMS

I'm about to start a 6+ month gig through a small staffing company at a <i>very</i> big technology company.  I've already filled out the big companies contracts - IP, export controls, badges and all that.<p>Now I'm filling out the small staffing companies "proprietary information agreement", with reasonable things such as "at will employment" and "confidential info" clauses.  Inside I found a full-on intellectual property clause, containing everything from "inventions" to copyrightable works.<p>Not only do I find this strange that a staffing agency is worried about IP, or even has IP to worry about, but this clause has to be in conflict with the big companies IP agreements that I've already signed.<p>I also don't know how a staffing agency delineates when you are working for them and when you are not.  Put in your 9-5 and go home, are you still working for them?  How about between assignments.  None of it seems clear in the agreement.<p>To give you an example of how vague and encompassing it is ("Company" is defined earlier as the staffing agency), from the contract:<p>Ownership of Intellectual Property.  Employee acknowledges that “Intellectual Property” (as defined below) is the exclusive property of the Company.  “Intellectual Property” is defined to include the following categories that are generated, authored or contributed by Employee at any time during Employee’s relationship with the Company (whether as a consultant, independent contractor or employee, and whether prior to or after the execution of this Agreement):<p>Should I be concerned?  Is this just boilerplate, and oversight, or a hard core contract?
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dmfdmf
I think its boilerplate but legally if you sign you are agreeing to it. I went
through something similar once here
<http://news.ycombinator.com/item?id=281193> Ask them to clarify their
contract, get a specific exclusion in writing if they tell you don't worry
about off-hours, personal projects developed on your own time (and on your own
equipment which is important).

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jeffreyshaw
Yes this is pretty standard writing; they're just protecting themselves here.
What you create at work as long as its unrelated to your job is yours and your
company shouldn't have a claim to it. In all reality how will they even know?
Your best bet is to focus on your staffing-job while you're at work and be
creative afterwards at home.

