RE: "Prior Inventions" on employment contract

Geez, of the *few* agreements that I've read, this is certainly
one of the most draconian examples.

I would never sign something like this unless the company agreed
*in writing* that your utilities are copyrighted to YOU.  And then,
I would have *that* agreement verified with a lawyer :)

Good Luck,
Terry



> -----Original Message-----
> From: Dan [mailto:dbcemid@yahoo.com]
> Sent: Monday, December 09, 2002 11:05 AM
> To: midrange-l@midrange.com
> Subject: "Prior Inventions" on employment contract
>
>
> If this belongs on a different list, please let me know.
>
> I have a cd-rom full of programmer utilities that I've developed over
> the years.  I intend to fully protect my rights and ownership of these
> utilities.  I freely share the _use_ of these utilities in the shops
> where I have worked.  I am getting ready to sign a new employment
> contract and it has a section for "prior inventions":
>
> ----------------------------------
> Employee agrees that (s)he has no ideas or inventions or copyrights
> made or conceived prior to the beginning date of Employee's employment
> with COMPANY that relate in any way to COMPANY's Business or the
> business of the Client except for such as are disclosed on
> Exhibit "B",
> which Exhibit (entitled "Prior Inventions") shall be signed by COMPANY
> if any such inventions shall exist.  Any and all inventions, ideas or
> copyrights of Employee disclosed or made available to COMPANY during
> the term of this Agreement shall be disclosed on a non-confidential
> basis and Employee agrees that COMPANY shall have an irrevocable and
> free right to use such inventions, ideas and copyrights in any way
> whatsoever except for such valid patent rights as Employee may have
> obtained prior to the date hereof which are disclosed on Exhibit "B".
> ----------------------------------
>
> The aforementioned cd-rom was created prior to my employment with this
> company.  Is it enough to claim "the entire contents of this cd-rom",
> or should I print a file listing, or ... what?
>
> TIA, Dan