

Ask HN: How do I protect my side project IP at work? - markw

I like coding up various projects in my free time, and there's the potential for one of them to gain a little traction now that my employer wants to use it to promote their API. It was largely put together before I worked there, but it's being constantly improved and updated.<p>I've talked to them and they're cool that I'll continue to own the IP. However, I also want to get confirmation in writing to be doubly sure, but I'm not sure what such a document or contract would look like. Does anyone have an example or pointers? More general suggestions are welcome too!
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rdrimmie
The knowledgable folk will probably benefit from knowing your region and if
there is anything regarding IP in your employment contract.

Anecdotally, my employment contract has a clause that grants my employer
shared copyright to all my work unless they officially disclaim interest, but
because that clause exists there's also a pretty simple process: I present a
1-paragraph overview of the project and someone with signatory authority
writes on the paper "[My employer] is not interested in this project." Then
signs it.

I don't know how well this would stand up if it ever came down to a court
case, and there's definite benefit in that there's only 8 of us here so
pinning down such an authority is a matter of me putting the paper on the desk
next to mine.

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staunch
IANAL. If it's related to what your employer is doing _and_ you involve it
with one of their projects you're asking for trouble.

The best you can probably do is:

a) Keep a very detailed (hand written) log of all work related to your side
project.

b) Don't use any company resources for your side project (laptop, accounts,
anything).

c) Sign an agreement licensing the code to them for use in promoting their
API.

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imp
This should cover most of the basics for you:
<http://blog.asmartbear.com/working-startup.html>

I think patio11 also has a blog post on that, but I'm too lazy to look it up
now.

FWIW, I've done it twice and neither time did I write up a formal contract. I
just emailed my supervisor describing what I was doing and asked if they had
any objections. No problems either time.

Since it sounds like there is some intermingling of your side project and your
day job, I would definitely get something signed. Probably nothing formal,
just something like the asmartbear post describes.

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tgflynn
The IP agreement I was forced to sign by my previous employer claimed
ownership of anything I did that "related to their business interests". Since
they were one of the largest corporations in the US with myriad companies and
divisions I didn't see any way to assert that any technological development
did not "relate to their business interests".

This agreement is one of the main reasons that they are my "former" employer.

I'm curious how widespread such all encompassing IP agreements are in the
industry and what people here think of them. (What I think of them cannot be
expressed in polite conversation.)

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kavi
Hi

i'm in a similar situation for the last 9 or 10 years. What I do is not
develop anything (not a single line) with either the time or the resources of
my current employer (a Greek university).

If you are involved in any kind of contract as your company's employee, don't
include your IP as background IP. It is better to declare none.

Also you have to rule out all previous (if there are any) employers from any
demands. You have to make clear (through a legal document) your conditions on
the fair use of your IP as well as your obligations and benefits.

-kavi

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kylelibra
If there is any sort of paper trail already created (i.e. emails) make sure
you save those as well.

