Intellectual properties question.(BS)

pashburn25 · 02-25-2011, 03:40 PM

i had to agree to this or " you probably want have job for very long if you don't agree to it". i really need a job but it just made me kinda mad after i read it, i mean, its pretty fucked up. has anyone had to do anything like this at their job? if so, how can they just take something you thought up just because you work there?

{i took the name of my employer out}

INTELLECTUAL PROPERTY

$#@ owns all inventions, discoveries, ideas, trade secrets, and original works of authorship that an associate conceives or develops either alone or jointly with others during the course of employment or using Company resources. As an associate, you agree to help the Company document $#%’s ownership of this intellectual property, which includes: (i) promptly and completely communicating to $#% management your conception or development of its intellectual property; (ii) maintaining current and appropriate notes, sketches, and other records thereof; (iii) assigning to $#% all right, title, and interest in such intellectual property; and (iv) performing all acts and, on request, executing all necessary and appropriate documents to enable $#% to obtain all right, title, and interest in and to such intellectual property and whatever other legal protection $#% deems appropriate.

$#% has the sole right to determine the terms and conditions of any disposition of its intellectual property, which may be made with or without monetary compensation, and you have no right to share in any monetary compensation or other receipts resulting from the intellectual property.

maverick · 02-25-2011, 03:51 PM

pretty standard

Scribbly · 02-25-2011, 03:54 PM

Totaly standard.
Check it out, Jack Kirby or Karl Barks, they knew a lot about this.

People working in comics are always selling their
Intellectual Properties in exchange for a dish of lentils.

citizentim · 02-25-2011, 05:06 PM

Quote:

Originally Posted by pashburn25

i had to agree to this or " you probably want have job for very long if you don't agree to it". i really need a job but it just made me kinda mad after i read it, i mean, its pretty fucked up. has anyone had to do anything like this at their job? if so, how can they just take something you thought up just because you work there?

{i took the name of my employer out}

INTELLECTUAL PROPERTY

$#@ owns all inventions, discoveries, ideas, trade secrets, and original works of authorship that an associate conceives or develops either alone or jointly with others during the course of employment or using Company resources. As an associate, you agree to help the Company document $#%’s ownership of this intellectual property, which includes: (i) promptly and completely communicating to $#% management your conception or development of its intellectual property; (ii) maintaining current and appropriate notes, sketches, and other records thereof; (iii) assigning to $#% all right, title, and interest in such intellectual property; and (iv) performing all acts and, on request, executing all necessary and appropriate documents to enable $#% to obtain all right, title, and interest in and to such intellectual property and whatever other legal protection $#% deems appropriate.

$#% has the sole right to determine the terms and conditions of any disposition of its intellectual property, which may be made with or without monetary compensation, and you have no right to share in any monetary compensation or other receipts resulting from the intellectual property.

Was that for an "artistic" position? Or your "standard day job" kind of deal?

I used to work as an Associate Producer for a Hollywood production company-- they tried to make me sign one of those, but I managed to dodge it.

Truthfully, they couldn't care less about my "stupid comic bullshit," but there was still no way I was going to sign anything like that-- who the fuck knows when it'll come back and bite me in the ass.

A buddy of mine got nailed with it though-- luckily, we know lawyers-- so he revised it to basically say: "Hey, anything within work hours is fine-- but non-office hours are MINE"

They're usually ok with this-- the thing is, the company is covering their asses-- Let's say you work at a game company, and while you're there and messing around on the job, you come up with Angry Birds (using their resources)-- and then quit, release Angry Birds and make billions of dollars.
They way they're looking at it is that they just paid for all your R&D.

Still, I wouldn't sign this. Get it re-written to reflect "company hours" only.

CHWolf · 02-25-2011, 11:46 PM

Sign your name differently so you can claim the signature isn't yours later.

WAIT, WHAT? No, don't do that it's probably illegal.

Bishop · 02-26-2011, 01:20 AM

These guys are right. It is pretty standard, but you should be able to have the provision put in for personal time as other mention.

Scribbly · 02-26-2011, 04:33 AM

Working after hours doing personal projects in your workplace, using your company
Tools, systems and resources (contacts or money) is stealing to your company.
It may be called abuse of confidentiality or embezzlement.

Everything related to what you produce while working “inside” your
employer’s property or projects, may become their property.

What you do at home is yours.
Freelancing and personal projects that are made at home are ours.
There is not jurisprudence over what we do for our own (and is not
Work related) at home.

Lightfoot · 02-26-2011, 04:53 AM

Yeah this is the corporate world for you, they wouldnt want to lose an ounce of value from an employee. There have been several suits in the UK in the last few years with corporations pursuing a previous employee for something they say was developed either in work time or on the premises but launched after the employee left. I believe it has also happened in reverse with previous employees claiming corporations have used "personal" designs for brands that the employee had intended to launch themselves, though this position is a lot weaker than the corporate one, as how can you define personal time on the premises of a corporation, or offer proof you have something on a company pc that was drawn up at home? In that case it could be argued its also owned by that company.

Scribbly · 02-26-2011, 05:16 AM

True.
Also, under some Legislation’s you need wait some amount of time,(years) after you quit from your job.
Before to release any personal product, project that may be in conflict of interest to what your former Company does.

And this is “not only” related to Artistic, intellectual work.
It may be Industrial, Scientist, Financing work etc.

Unless, is another Company who's hiring you, and then you start all over again.
What you do produce goes there now.

02-25-2011, 03:40 PM	#1
pashburn25 under the radar Join Date: Oct 2005 Location: Elizabethton Posts: 657	Intellectual properties question.(BS) i had to agree to this or " you probably want have job for very long if you don't agree to it". i really need a job but it just made me kinda mad after i read it, i mean, its pretty fucked up. has anyone had to do anything like this at their job? if so, how can they just take something you thought up just because you work there? {i took the name of my employer out} INTELLECTUAL PROPERTY $#@ owns all inventions, discoveries, ideas, trade secrets, and original works of authorship that an associate conceives or develops either alone or jointly with others during the course of employment or using Company resources. As an associate, you agree to help the Company document $#%’s ownership of this intellectual property, which includes: (i) promptly and completely communicating to $#% management your conception or development of its intellectual property; (ii) maintaining current and appropriate notes, sketches, and other records thereof; (iii) assigning to $#% all right, title, and interest in such intellectual property; and (iv) performing all acts and, on request, executing all necessary and appropriate documents to enable $#% to obtain all right, title, and interest in and to such intellectual property and whatever other legal protection $#% deems appropriate. $#% has the sole right to determine the terms and conditions of any disposition of its intellectual property, which may be made with or without monetary compensation, and you have no right to share in any monetary compensation or other receipts resulting from the intellectual property.

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02-25-2011, 03:51 PM	#2
maverick Registered User Join Date: Jul 2007 Posts: 1,541	pretty standard

02-25-2011, 03:54 PM	#3
Scribbly Easy Reader Join Date: Oct 2006 Location: Amerika Posts: 3,741	Totaly standard. Check it out, Jack Kirby or Karl Barks, they knew a lot about this. People working in comics are always selling their Intellectual Properties in exchange for a dish of lentils.

02-25-2011, 11:46 PM	#5
CHWolf BARF JR. Join Date: Dec 2009 Location: In the Conservatory, with the Revolver. Posts: 5,612	Sign your name differently so you can claim the signature isn't yours later. WAIT, WHAT? No, don't do that it's probably illegal.

02-26-2011, 01:20 AM	#6
Bishop Keeper of random thoughts Join Date: Aug 2003 Location: In your head. Posts: 4,103	These guys are right. It is pretty standard, but you should be able to have the provision put in for personal time as other mention.

02-26-2011, 04:33 AM	#7
Scribbly Easy Reader Join Date: Oct 2006 Location: Amerika Posts: 3,741	Working after hours doing personal projects in your workplace, using your company Tools, systems and resources (contacts or money) is stealing to your company. It may be called abuse of confidentiality or embezzlement. Everything related to what you produce while working “inside” your employer’s property or projects, may become their property. What you do at home is yours. Freelancing and personal projects that are made at home are ours. There is not jurisprudence over what we do for our own (and is not Work related) at home.

02-26-2011, 04:53 AM	#8
Lightfoot Black Ship Books Join Date: Jul 2009 Location: Old York Posts: 198	Yeah this is the corporate world for you, they wouldnt want to lose an ounce of value from an employee. There have been several suits in the UK in the last few years with corporations pursuing a previous employee for something they say was developed either in work time or on the premises but launched after the employee left. I believe it has also happened in reverse with previous employees claiming corporations have used "personal" designs for brands that the employee had intended to launch themselves, though this position is a lot weaker than the corporate one, as how can you define personal time on the premises of a corporation, or offer proof you have something on a company pc that was drawn up at home? In that case it could be argued its also owned by that company.

02-26-2011, 05:16 AM	#9
Scribbly Easy Reader Join Date: Oct 2006 Location: Amerika Posts: 3,741	True. Also, under some Legislation’s you need wait some amount of time,(years) after you quit from your job. Before to release any personal product, project that may be in conflict of interest to what your former Company does. And this is “not only” related to Artistic, intellectual work. It may be Industrial, Scientist, Financing work etc. Unless, is another Company who's hiring you, and then you start all over again. What you do produce goes there now.