

Ask HN: How do I retain ownership over an app I developed while employed? - dmix

As part of my employee contract, they own all inventions developed while I'm employed. I would like to present the boss with a document to be signed to make sure I keep all ownership. How should I go about doing this?
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dws
An employment agreement is often an opening bid in a negotiation, but
developers think of it as a "sign or no deal" thing and thereby miss an
opportunity to ask for reasonable changes. I've routinely struck out parts of
employment agreements that were overly broad (by crossing them out and
initialing), and have only once had that even questioned. It also sends a
signal that you're paying attention.

I'm in California, and have dealt mostly with startups. YMMV.

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_neil
I'm in a similar situation where I'm about to start a job that has a broad
noncompete. Broad to the point that they even own work I do in my spare time.
I don't need the work that bad (I'm currently freelance) so I'm requesting
they reword it.

The thing that really kills me about broad noncompetes like this is employers
take it from protecting their business to over reaching and stealing their
employees work. Personally, the best developers I know are hackers who execute
on their own ideas with at least part of their spare time.

I'm perfectly okay with signing the part about not approaching their clients
and not using trade secrets for my benefit. But the idea that I should turn
over all IP created outside of the 40hr/week I'm being paid for is wrong.

As far as your situation, you may be screwing yourself by taking it to your
boss at all. Good luck.

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akane
If you live in California, check out the California Labor Code Section 2870 -
<http://law.onecle.com/california/labor/2870.html>

I'm not sure about other states

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briandoll
Where do you live/work? I've heard from several lawyer friends and friends in
similar situations that those broad non-compete clauses are effectively
invalid in California.

