RE: work contracts inquiry

["Nathan M. Andelin" <nathanma@xxxxxxxxx>]

Shadrach,

Under U.S. law, original authors hold all rights to their creations.  The
only exception to this rule is for works that are created by an employee,
and are "within the scope" of his employment.  Your ideas that you develop
on your own time do not meet the "within the scope of employment" criteria,
but rather would be governed by the contract you sign.  So, you relinquish
rights that would normally be yours, if you sign that contract.

It seems to me that the new contract your company is offering is overly
broad.  Its pathetic.  I think companies shoot themselves in the foot and
suppress the creativity of their people from such overreaching contracts.
Employees are not wrong to be wary of terms that give employers all rights
to their works.

Most laws in the U.S. are written to promote competition.  Non compete
agreements attempt to override free enterprise.  They may be good for an
individual employer, but they are not good for society as a whole.  Such is
usually the case with relationships that limit individual liberties.  Do you
want to give up your rights?  Unfortunately, many people in this industry
are willing.  The historical nature of employment has been a master-servant
relationship, and it seems to me that employers often hold the upper hand in
negotiating contracts with employees.

One thing that helps is to ask yourself, what would you do if you were an
independent contractor, not an employee.  By law, independent contractors
hold all rights to their creations, regardless of what they are paid, unless
they agree in writing otherwise.  An independent contractor who wants to
build his business will retain his rights and give a license to the
companies who pay him for his work.  That way he's not starting from scratch
on the next contract.  He can build on what he has.  Independent contractors
who sell all rights to their works don't stay in business for long.

You must ask yourself how much are your rights worth to you, and what would
induce you to give them away!


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