worker release forms...
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hey guys does anybody know if there is a standard release type form / language / letter / etc, for a programmer who has a day job but wants to work on own projects in spare time WITHOUT the day job having any claim on the IP for those projects? obviously, the own projects would not be in the same business sphere as the day job, nor would the dev use anything provided by the day job for those projects (hardware, software, etc) - the only crossover would be they are both on platform x (iOS or Android, etc) thanks :)
"mostly watching the human race is like watching dogs watch tv ... they see the pictures move but the meaning escapes them"
What does your contract state? Unless you've signed something to state explicitly that the company owns everything you produce, they shouldn't be able to touch you for it. Oh, and even if they do have an IPR clause, this is considered unenforceable in a lot of countries.
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What does your contract state? Unless you've signed something to state explicitly that the company owns everything you produce, they shouldn't be able to touch you for it. Oh, and even if they do have an IPR clause, this is considered unenforceable in a lot of countries.
hey pete :) thanks - it's not me (i've never had a day job) - it's a potential member of a team i'm putting together for a big -ish project and i want to make sure all the bases are covered when it comes to legal stuff i would rather not assume that because his contract doesn't explicitly state x, y, and z, we can use him without an explicit release letter being signed by said employers it is for the text of that letter i was wondering if there are any standard forms anywhere
"mostly watching the human race is like watching dogs watch tv ... they see the pictures move but the meaning escapes them"
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hey guys does anybody know if there is a standard release type form / language / letter / etc, for a programmer who has a day job but wants to work on own projects in spare time WITHOUT the day job having any claim on the IP for those projects? obviously, the own projects would not be in the same business sphere as the day job, nor would the dev use anything provided by the day job for those projects (hardware, software, etc) - the only crossover would be they are both on platform x (iOS or Android, etc) thanks :)
"mostly watching the human race is like watching dogs watch tv ... they see the pictures move but the meaning escapes them"
As Pete says, start by looking at your contract of employment. Although such provisions are difficult (if not impossible) to enforce, it doesn't stop some companies trying - and they generally have better financial resources that programmers, so have access to better lawyers. Even if they lose, it can cost you a lot of time and grief. Who are you going to get to sign the release? Have you discussed this with your employer? Did you get any training from your employer that might have been used to produce the "home" software? If so, their claim strengthens, particularly if they are for the same platform and can thus be expected to use the same skill set. Me? I'd just keep quiet, and make sure you can prove that it was all done on private time and private equipment. And if you make a fortune, just quit the day job and don't tell them... :laugh:
You looking for sympathy? You'll find it in the dictionary, between sympathomimetic and sympatric (Page 1788, if it helps)
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As Pete says, start by looking at your contract of employment. Although such provisions are difficult (if not impossible) to enforce, it doesn't stop some companies trying - and they generally have better financial resources that programmers, so have access to better lawyers. Even if they lose, it can cost you a lot of time and grief. Who are you going to get to sign the release? Have you discussed this with your employer? Did you get any training from your employer that might have been used to produce the "home" software? If so, their claim strengthens, particularly if they are for the same platform and can thus be expected to use the same skill set. Me? I'd just keep quiet, and make sure you can prove that it was all done on private time and private equipment. And if you make a fortune, just quit the day job and don't tell them... :laugh:
You looking for sympathy? You'll find it in the dictionary, between sympathomimetic and sympatric (Page 1788, if it helps)
thanks - see my reply to pete above :)
"mostly watching the human race is like watching dogs watch tv ... they see the pictures move but the meaning escapes them"
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hey pete :) thanks - it's not me (i've never had a day job) - it's a potential member of a team i'm putting together for a big -ish project and i want to make sure all the bases are covered when it comes to legal stuff i would rather not assume that because his contract doesn't explicitly state x, y, and z, we can use him without an explicit release letter being signed by said employers it is for the text of that letter i was wondering if there are any standard forms anywhere
"mostly watching the human race is like watching dogs watch tv ... they see the pictures move but the meaning escapes them"
There aren't any standard texts. I would include something like this if I were worried: "x warrants that there are no prior claims to work performed while undertaking the tasks as outlined as part of the contractual agreement with y." I would also require x to carry liability cover - it's not that expensive - to indemnify you.
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hey guys does anybody know if there is a standard release type form / language / letter / etc, for a programmer who has a day job but wants to work on own projects in spare time WITHOUT the day job having any claim on the IP for those projects? obviously, the own projects would not be in the same business sphere as the day job, nor would the dev use anything provided by the day job for those projects (hardware, software, etc) - the only crossover would be they are both on platform x (iOS or Android, etc) thanks :)
"mostly watching the human race is like watching dogs watch tv ... they see the pictures move but the meaning escapes them"
probably depends on where you are, but here the employer is in the weak position. * First of all you do this during your own free time (not company time) The company does not "own" you during your free time. * There is no realistic way that the knowledge you gain during company time cannot be used further down the road (if that was so "experience" would not exist) You're only really in trouble if you start re-using code (and selling it) from your company. In this case it's probably even more beneficiary for the company as you will learn new things on your own time and bring that back in. * Even if the contract states you cannot do something in the line of a competitive company, this can be narrowed down. Your company could be a development company for a reporting tool eg, but you can still develop and sell applications of your own (or your knowledge) as long as it is not directly (and competitively) related to reporting tools. * The OS has nothing to do with it and if you have a laptop you're allowed to use it for personal use. (here they sell a laptop as extra-legal benefits on top of your salary). I rarely use my laptop for real personal use though. But personally I think your main worry is that your software might be competitive to your company's. What you could do to be on the safe side is talk to HR and your boss to check if this is OK. I would recommend that even.
V.
(MQOTD rules and previous solutions) -
hey guys does anybody know if there is a standard release type form / language / letter / etc, for a programmer who has a day job but wants to work on own projects in spare time WITHOUT the day job having any claim on the IP for those projects? obviously, the own projects would not be in the same business sphere as the day job, nor would the dev use anything provided by the day job for those projects (hardware, software, etc) - the only crossover would be they are both on platform x (iOS or Android, etc) thanks :)
"mostly watching the human race is like watching dogs watch tv ... they see the pictures move but the meaning escapes them"
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hey pete :) thanks - it's not me (i've never had a day job) - it's a potential member of a team i'm putting together for a big -ish project and i want to make sure all the bases are covered when it comes to legal stuff i would rather not assume that because his contract doesn't explicitly state x, y, and z, we can use him without an explicit release letter being signed by said employers it is for the text of that letter i was wondering if there are any standard forms anywhere
"mostly watching the human race is like watching dogs watch tv ... they see the pictures move but the meaning escapes them"
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hey guys does anybody know if there is a standard release type form / language / letter / etc, for a programmer who has a day job but wants to work on own projects in spare time WITHOUT the day job having any claim on the IP for those projects? obviously, the own projects would not be in the same business sphere as the day job, nor would the dev use anything provided by the day job for those projects (hardware, software, etc) - the only crossover would be they are both on platform x (iOS or Android, etc) thanks :)
"mostly watching the human race is like watching dogs watch tv ... they see the pictures move but the meaning escapes them"
I'd require a written quitclaim from your prospective partner's day job, lauren, specifically releasing any claim to his work on your project before I'd let him contribute anything. There's no such standard form that I've heard of, but letting one corporate lawyer in the door will pollute the entire project. Most companies I've worked for in my life included a clause somewhere in the hiring papers to the effect that anything I produce of an intellectual kind, they own. The courts in the US have generally bent over backward here in the Colonies to favor the employer, even when it was perfectly clear that the company had no conceivable current or future interest. Trust nothing, unless it's in writing, and then take out insurance.
Will Rogers never met me.
