I have filled that standard form where you list your previous inventions before starting your new job so the employer is legally aware you have the copyright over them. But if I want to use this invention (software code / framework) in my new job, would they have any copyright claims on it if for example I change / improve something on my code while working for them?
I have heard something like a shared ownership. Something like: you would own what was done before and employer would own any improvements you did on it while employed. That kind of sucks and take away any incentive you would have to do improvements on your product since once improved, the improvement is gone. 🙁
Has anyone gone through this situation before and could share some ideas so I can protect my code?
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Apparently, you want to retain ownership of that software.
If this is so, simply do not sign a contract that takes it away from you.
The normal case, however, is, that what you produce during your working hours is owned by your employer. Your renumeration should be compensation for that.
Maybe you can reach an agreement, where the hours you work on imporvement of that invention are not counted (and paid) as working hours. Instead, your employer agrees to buy (a license for) the improved version for approximately the same amount as you woulod make in those hours.
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It really depends on what is in your employment contract.
I had to ask to have a specific clause added to my contract that allows me to work on open-source projects in my spare time. The original contract claimed all copyrighted material that I produced during the period of my employment, whether I was at work or not.
If it is not explicitly stated in your contract, local labour laws would likely apply, and you’d need to consult a lawyer. You might need to anyway – there are certain rights that you simply can’t sign away, no matter what a contract says.
This is a simple problem. You need to make sure there is an intersection between your interests and your employer’s interests in this matter.
Does your new employer even care about using your code? Do they want it? If so, then add it to your agreement that any modifications to that code:
- you retain copyright to
- they retain full, unlimited, permanent, transferable, sublicensable, etc… licence to use, reuse, etc…
If they are too big to do that, then simply don’t take your software there.
Maybe the best thing to do is to open source it first, with maybe an MIT license. Then, use it at your new job. The new employer wouldn’t be able to claim ownership of an open source project that was createdreleased before your employment began.
Shared ownership sounds messy. I can’t imagine that scenario being best for you, but I can see the company getting the better end of that arrangement.
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