Ask HN: How do I protect my side project IP at work?

https://news.ycombinator.com/item?id=2124452

by markw • 16 years ago

7 6 16 years ago

news.ycombinator.com

I like coding up various projects in my free time, and there's the potential for one of them to gain a little traction now that my employer wants to use it to promote their API. It was largely put together before I worked there, but it's being constantly improved and updated.

I've talked to them and they're cool that I'll continue to own the IP. However, I also want to get confirmation in writing to be doubly sure, but I'm not sure what such a document or contract would look like. Does anyone have an example or pointers? More general suggestions are welcome too!

rdrimmie• 16 years ago

The knowledgable folk will probably benefit from knowing your region and if there is anything regarding IP in your employment contract.

Anecdotally, my employment contract has a clause that grants my employer shared copyright to all my work unless they officially disclaim interest, but because that clause exists there's also a pretty simple process: I present a 1-paragraph overview of the project and someone with signatory authority writes on the paper "[My employer] is not interested in this project." Then signs it.

I don't know how well this would stand up if it ever came down to a court case, and there's definite benefit in that there's only 8 of us here so pinning down such an authority is a matter of me putting the paper on the desk next to mine.

kylelibra• 16 years ago

If there is any sort of paper trail already created (i.e. emails) make sure you save those as well.

tgflynn• 16 years ago

The IP agreement I was forced to sign by my previous employer claimed ownership of anything I did that "related to their business interests". Since they were one of the largest corporations in the US with myriad companies and divisions I didn't see any way to assert that any technological development did not "relate to their business interests".

This agreement is one of the main reasons that they are my "former" employer.

I'm curious how widespread such all encompassing IP agreements are in the industry and what people here think of them. (What I think of them cannot be expressed in polite conversation.)

staunch• 16 years ago

IANAL. If it's related to what your employer is doing and you involve it with one of their projects you're asking for trouble.

The best you can probably do is:

a) Keep a very detailed (hand written) log of all work related to your side project.

b) Don't use any company resources for your side project (laptop, accounts, anything).

c) Sign an agreement licensing the code to them for use in promoting their API.

imp• 16 years ago

This should cover most of the basics for you: http://blog.asmartbear.com/working-startup.html

I think patio11 also has a blog post on that, but I'm too lazy to look it up now.

FWIW, I've done it twice and neither time did I write up a formal contract. I just emailed my supervisor describing what I was doing and asked if they had any objections. No problems either time.

Since it sounds like there is some intermingling of your side project and your day job, I would definitely get something signed. Probably nothing formal, just something like the asmartbear post describes.

kavi• 16 years ago

i'm in a similar situation for the last 9 or 10 years. What I do is not develop anything (not a single line) with either the time or the resources of my current employer (a Greek university).

If you are involved in any kind of contract as your company's employee, don't include your IP as background IP. It is better to declare none.

Also you have to rule out all previous (if there are any) employers from any demands. You have to make clear (through a legal document) your conditions on the fair use of your IP as well as your obligations and benefits.

-kavi

Ask HN: How do I protect my side project IP at work?

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