

Ask HN: restrictive employment contracts- IP rights for side projects - salamander7

I am employed at XXX large tech company. I was hired as a "manager",but as of right now, I have been given nothing to manage. I work less than 5 hours a week for a full salary.<p>I would like to launch a niche-market site with user-created content that I am hoping will be profitable through google ads. But, when I was hired I signed a very restrictive contract, and now I'm not sure what to do. I am afraid I would be violating the intellectual property clause of the contract. (not the non-compete)<p>I would really like to hear about other HNers experiences, since it seems like these kind of broadly restrictive contracts are very common in the industry. -Any specifc advice in my own case is helpful too! ;)<p>What do you do in both the hiring phase (refuse to sign the contract?) and also afterwards, when you've realised you've signed an over-restrictive contract?      <p>:Also: I posted before, and was asked about the specific language of the contract, I wasn't sure I wanted to post it, but here is what i think is most relevant: (this is in the US)<p>I further agree that all copyright, ownership and intellectual property rights in any work of any nature carried out by me during the course of my employment with the company shall vest with and remain wiht the company, customer or vendor as the case may be. I agree that i will not be entitled to claim any right, title or interest therein, including moral rights. in the event it should be established that such work does not qualify as work made for hire, i agree to and hereby assign to company all of my right, title and interest in such work product including, but not limited to, all copyrights, patents, trademarks, and other proprietary rights. I further acknowledge and agree that the company may, in its sole discretion, assign to third parties all such intellectual property rights.
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anigbrowl
IANAL. It is a tightly written contract which on its face restricts your
rights arising out of any extracurricular activities as well as those
performed in the course of your employment.

State laws about the enforceability of such provisions vary, and your
situation might be more complex again if you and the company HQ are based in
different states. Your employment contract will say which jurisdiction applies
in the event of dispute. I would suggest calling your local bar association
and requesting a referral to an attorney knowledgeable in employment law, even
though your actual question is about IP. Some attorneys will offer a free or
fixed-price initial consultation, otherwise expect to spend maybe $300. I
would not discuss the issue with your employer until you have done so.

You probably know this already, but basically any more specific advise you get
via the internet won't be actionable - even an attorney will only feel able to
speak in the most general terms so as not to risk a charge of malpractice.

~~~
salamander7
yes, I realise that I'm not going to get any very specific leagal information,
which is why I was also really curious about other people's experiences- not
just with for-profit side projects, but also open-source. What are the
practical implications of all this?

Do you just have to quit and find an employer with a more liberal contract?

~~~
anigbrowl
I honestly don't know - no first hand experience, and the stories I've heard
are all over the map with a variety of good and bad outcomes. The only more
specific thing I can think of besides getting professional advice is to search
online for past legal cases involving your employer to get an idea of their
historical policy.

