Mixing
Copyright and the definition of “during employment†[closed]
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I'm in the UK. My employment contract says that anything I create "during [my] employment" that "can be used in the course of the company's business" must be handed over to the company.
Suppose that I write a program in my own time on my own equipment and without direction from anyone at the company, but its the kind of thing that the company might want to buy and use. Can they demand I hand over the copyright?
I understand the normal rules about things created in the course of my work. However I would not be doing that.
The question seems to hinge on the definition of "during employment". Would that be read as "between the time I joined and the time I left, including my leisure time", or would it just be a synonym for "in the course of my work"?
I understand the issues with asking the Net for legal advice, and I've Googled the issue without success. Does anyone have any specific references that address this issue?
united-kingdom employment-agreement intellectual-property
edited Aug 17 '16 at 17:30
Anthony Genovese
631515
asked Aug 17 '16 at 16:58
Paul Johnson
1021
closed as off-topic by Chris E, gnat, paparazzo, DJClayworth, Jan Doggen Aug 17 '16 at 17:30
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, gnat, paparazzo, DJClayworth, Jan Doggen
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up vote
-1
down vote
favorite
I'm in the UK. My employment contract says that anything I create "during [my] employment" that "can be used in the course of the company's business" must be handed over to the company.
Suppose that I write a program in my own time on my own equipment and without direction from anyone at the company, but its the kind of thing that the company might want to buy and use. Can they demand I hand over the copyright?
I understand the normal rules about things created in the course of my work. However I would not be doing that.
The question seems to hinge on the definition of "during employment". Would that be read as "between the time I joined and the time I left, including my leisure time", or would it just be a synonym for "in the course of my work"?
I understand the issues with asking the Net for legal advice, and I've Googled the issue without success. Does anyone have any specific references that address this issue?
united-kingdom employment-agreement intellectual-property
edited Aug 17 '16 at 17:30
Anthony Genovese
631515
asked Aug 17 '16 at 16:58
Paul Johnson
1021
closed as off-topic by Chris E, gnat, paparazzo, DJClayworth, Jan Doggen Aug 17 '16 at 17:30
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, gnat, paparazzo, DJClayworth, Jan Doggen
2
Unfortunately, this question has everything to do with a law in you location, and this Q&A site does not have the expertise to answer it.
– shenles
Aug 17 '16 at 17:03
IANAL but during employment is calendar by any reasonable interpretation. If it was on work time on company equipment then there would be not reason for that clause.
– paparazzo
Aug 17 '16 at 17:08
Fair enough: if its off-topic then delete it.
– Paul Johnson
Aug 17 '16 at 17:33
suggest improvements |Â
up vote
-1
down vote
favorite
up vote
-1
down vote
favorite
I'm in the UK. My employment contract says that anything I create "during [my] employment" that "can be used in the course of the company's business" must be handed over to the company.
Suppose that I write a program in my own time on my own equipment and without direction from anyone at the company, but its the kind of thing that the company might want to buy and use. Can they demand I hand over the copyright?
I understand the normal rules about things created in the course of my work. However I would not be doing that.
The question seems to hinge on the definition of "during employment". Would that be read as "between the time I joined and the time I left, including my leisure time", or would it just be a synonym for "in the course of my work"?
I understand the issues with asking the Net for legal advice, and I've Googled the issue without success. Does anyone have any specific references that address this issue?
united-kingdom employment-agreement intellectual-property
edited Aug 17 '16 at 17:30
Anthony Genovese
631515
asked Aug 17 '16 at 16:58
Paul Johnson
1021
I'm in the UK. My employment contract says that anything I create "during [my] employment" that "can be used in the course of the company's business" must be handed over to the company.
Suppose that I write a program in my own time on my own equipment and without direction from anyone at the company, but its the kind of thing that the company might want to buy and use. Can they demand I hand over the copyright?
I understand the normal rules about things created in the course of my work. However I would not be doing that.
The question seems to hinge on the definition of "during employment". Would that be read as "between the time I joined and the time I left, including my leisure time", or would it just be a synonym for "in the course of my work"?
I understand the issues with asking the Net for legal advice, and I've Googled the issue without success. Does anyone have any specific references that address this issue?
united-kingdom employment-agreement intellectual-property
edited Aug 17 '16 at 17:30
Anthony Genovese
631515
asked Aug 17 '16 at 16:58
Paul Johnson
1021
edited Aug 17 '16 at 17:30
Anthony Genovese
631515
edited Aug 17 '16 at 17:30
Anthony Genovese
631515
edited Aug 17 '16 at 17:30
Anthony Genovese
631515
631515
asked Aug 17 '16 at 16:58
Paul Johnson
1021
asked Aug 17 '16 at 16:58
Paul Johnson
1021
asked Aug 17 '16 at 16:58
Paul Johnson
1021
1021
closed as off-topic by Chris E, gnat, paparazzo, DJClayworth, Jan Doggen Aug 17 '16 at 17:30
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, gnat, paparazzo, DJClayworth, Jan Doggen
closed as off-topic by Chris E, gnat, paparazzo, DJClayworth, Jan Doggen Aug 17 '16 at 17:30
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, gnat, paparazzo, DJClayworth, Jan Doggen
2
Unfortunately, this question has everything to do with a law in you location, and this Q&A site does not have the expertise to answer it.
– shenles
Aug 17 '16 at 17:03
IANAL but during employment is calendar by any reasonable interpretation. If it was on work time on company equipment then there would be not reason for that clause.
– paparazzo
Aug 17 '16 at 17:08
Fair enough: if its off-topic then delete it.
– Paul Johnson
Aug 17 '16 at 17:33
suggest improvements |Â
2
Unfortunately, this question has everything to do with a law in you location, and this Q&A site does not have the expertise to answer it.
– shenles
Aug 17 '16 at 17:03
IANAL but during employment is calendar by any reasonable interpretation. If it was on work time on company equipment then there would be not reason for that clause.
– paparazzo
Aug 17 '16 at 17:08
Fair enough: if its off-topic then delete it.
– Paul Johnson
Aug 17 '16 at 17:33
2
2
Unfortunately, this question has everything to do with a law in you location, and this Q&A site does not have the expertise to answer it.
– shenles
Aug 17 '16 at 17:03
Unfortunately, this question has everything to do with a law in you location, and this Q&A site does not have the expertise to answer it.
– shenles
Aug 17 '16 at 17:03
IANAL but during employment is calendar by any reasonable interpretation. If it was on work time on company equipment then there would be not reason for that clause.
– paparazzo
Aug 17 '16 at 17:08
IANAL but during employment is calendar by any reasonable interpretation. If it was on work time on company equipment then there would be not reason for that clause.
– paparazzo
Aug 17 '16 at 17:08
Fair enough: if its off-topic then delete it.
– Paul Johnson
Aug 17 '16 at 17:33
Fair enough: if its off-topic then delete it.
– Paul Johnson
Aug 17 '16 at 17:33
suggest improvements |Â
2 Answers
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Not just asking the "net" for legal issues, but legal questions are off topic here - but there are answers to be had.
The copyright clause you cite is a bog standard one, and only your company knows how far they would push it in particular circumstances, so do what I do - ask them to clarify it as being work specifically produced for the company or produced on company premises using company tools. No company I have worked for has had an issue putting that clarification into the contract.
answered Aug 17 '16 at 17:04
Moo
5,90041723
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I have seen contracts that claim salaried worker's company-related creativity 24x7x365 --where the company gets to say what is or isn't related.
However, those companies have also had standard procedures for getting things that aren't directly business-telated explicitly approved.
Read your contract (including any changes you negotiated before signing it), talk to the company's team responsible for dealing with this (usually in HR or Legal or both), and if still in any doubt (or if you don't like the answer) ask your own lawyer to review it.
Sorry, but that's the only universal answer.
answered Aug 17 '16 at 17:15
keshlam
41.5k1267144
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2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
2
down vote
Not just asking the "net" for legal issues, but legal questions are off topic here - but there are answers to be had.
The copyright clause you cite is a bog standard one, and only your company knows how far they would push it in particular circumstances, so do what I do - ask them to clarify it as being work specifically produced for the company or produced on company premises using company tools. No company I have worked for has had an issue putting that clarification into the contract.
answered Aug 17 '16 at 17:04
Moo
5,90041723
suggest improvements |Â
up vote
2
down vote
Not just asking the "net" for legal issues, but legal questions are off topic here - but there are answers to be had.
The copyright clause you cite is a bog standard one, and only your company knows how far they would push it in particular circumstances, so do what I do - ask them to clarify it as being work specifically produced for the company or produced on company premises using company tools. No company I have worked for has had an issue putting that clarification into the contract.
answered Aug 17 '16 at 17:04
Moo
5,90041723
suggest improvements |Â
up vote
2
down vote
up vote
2
down vote
Not just asking the "net" for legal issues, but legal questions are off topic here - but there are answers to be had.
The copyright clause you cite is a bog standard one, and only your company knows how far they would push it in particular circumstances, so do what I do - ask them to clarify it as being work specifically produced for the company or produced on company premises using company tools. No company I have worked for has had an issue putting that clarification into the contract.
answered Aug 17 '16 at 17:04
Moo
5,90041723
Not just asking the "net" for legal issues, but legal questions are off topic here - but there are answers to be had.
The copyright clause you cite is a bog standard one, and only your company knows how far they would push it in particular circumstances, so do what I do - ask them to clarify it as being work specifically produced for the company or produced on company premises using company tools. No company I have worked for has had an issue putting that clarification into the contract.
answered Aug 17 '16 at 17:04
Moo
5,90041723
answered Aug 17 '16 at 17:04
Moo
5,90041723
answered Aug 17 '16 at 17:04
Moo
5,90041723
answered Aug 17 '16 at 17:04
Moo
5,90041723
5,90041723
suggest improvements |Â
suggest improvements |Â
up vote
0
down vote
I have seen contracts that claim salaried worker's company-related creativity 24x7x365 --where the company gets to say what is or isn't related.
However, those companies have also had standard procedures for getting things that aren't directly business-telated explicitly approved.
Read your contract (including any changes you negotiated before signing it), talk to the company's team responsible for dealing with this (usually in HR or Legal or both), and if still in any doubt (or if you don't like the answer) ask your own lawyer to review it.
Sorry, but that's the only universal answer.
answered Aug 17 '16 at 17:15
keshlam
41.5k1267144
suggest improvements |Â
up vote
0
down vote
I have seen contracts that claim salaried worker's company-related creativity 24x7x365 --where the company gets to say what is or isn't related.
However, those companies have also had standard procedures for getting things that aren't directly business-telated explicitly approved.
Read your contract (including any changes you negotiated before signing it), talk to the company's team responsible for dealing with this (usually in HR or Legal or both), and if still in any doubt (or if you don't like the answer) ask your own lawyer to review it.
Sorry, but that's the only universal answer.
answered Aug 17 '16 at 17:15
keshlam
41.5k1267144
suggest improvements |Â
up vote
0
down vote
up vote
0
down vote
I have seen contracts that claim salaried worker's company-related creativity 24x7x365 --where the company gets to say what is or isn't related.
However, those companies have also had standard procedures for getting things that aren't directly business-telated explicitly approved.
Read your contract (including any changes you negotiated before signing it), talk to the company's team responsible for dealing with this (usually in HR or Legal or both), and if still in any doubt (or if you don't like the answer) ask your own lawyer to review it.
Sorry, but that's the only universal answer.
answered Aug 17 '16 at 17:15
keshlam
41.5k1267144
I have seen contracts that claim salaried worker's company-related creativity 24x7x365 --where the company gets to say what is or isn't related.
However, those companies have also had standard procedures for getting things that aren't directly business-telated explicitly approved.
Read your contract (including any changes you negotiated before signing it), talk to the company's team responsible for dealing with this (usually in HR or Legal or both), and if still in any doubt (or if you don't like the answer) ask your own lawyer to review it.
Sorry, but that's the only universal answer.
answered Aug 17 '16 at 17:15
keshlam
41.5k1267144
answered Aug 17 '16 at 17:15
keshlam
41.5k1267144
answered Aug 17 '16 at 17:15
keshlam
41.5k1267144
answered Aug 17 '16 at 17:15
keshlam
41.5k1267144
41.5k1267144
suggest improvements |Â
suggest improvements |Â
2
Unfortunately, this question has everything to do with a law in you location, and this Q&A site does not have the expertise to answer it.
– shenles
Aug 17 '16 at 17:03
IANAL but during employment is calendar by any reasonable interpretation. If it was on work time on company equipment then there would be not reason for that clause.
– paparazzo
Aug 17 '16 at 17:08
Fair enough: if its off-topic then delete it.
– Paul Johnson
Aug 17 '16 at 17:33