Having been on both sides of the fence on this issue I can tell you that you must have an agreement that is very explicit. Don't feel like you have to accept whatever agreement your employer comes up with. You can suggest changes for your own benefit without hurting the company. My favorite addition to an IP agreement is the "toolbox" clause. It basically states that the company is hiring me for my experience and that to prevent me from using any new experiences learned at the company would devalue me as a professional. I go on to state explicitly what these experiences are e.g. methodologies, design patterns, etc.
Matt Liotta President & CEO Montara Software, Inc. http://www.montarasoftware.com/ V: 415-577-8070 F: 415-341-8906 P: [EMAIL PROTECTED] > -----Original Message----- > From: dennis baldwin [mailto:[EMAIL PROTECTED]] > Sent: Thursday, August 29, 2002 10:23 AM > To: CF-Talk > Subject: RE: Intellectual property (was RE: programmer vs. developer) > > Not only that, it's not the easiest thing to prove that your application > was being developed during off-hours. Personally I believe that what I > do after 6:00 is my own business yet I know this isn't always the case. > > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] > Sent: Thursday, August 29, 2002 12:08 PM > To: CF-Talk > Subject: RE: Intellectual property (was RE: programmer vs. developer) > > > "little shops" don't really have an intellectual property agreement, but > > none the less... their term of "everything you develop for us" is rather > > broad in scope... some assume that it also covers off-hour times, some > assume that as a salaried employee, you're never 'off', you're just not > at > your desk (e.g. You've been given permission to physically leave the > building). > > ~Todd > > > On Thu, 29 Aug 2002, Matt Liotta wrote: > > > You should have signed an intellectual property agreement when you > > were hired. It details you rights in this regard. As with all legal > > matters, you are advised to seek counsel from a professional. > > > > Matt Liotta > > President & CEO > > Montara Software, Inc. > > http://www.montarasoftware.com/ > > V: 415-577-8070 > > F: 415-341-8906 > > P: [EMAIL PROTECTED] > > > > > -----Original Message----- > > > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] > > > Sent: Thursday, August 29, 2002 9:02 AM > > > To: CF-Talk > > > Subject: Intellectual property (was RE: programmer vs. developer) > > > > > > <quote> > > > "Finally, I think this expectation that most of us have about being > > > a programmer 24/7 demonstrates the relative immaturity of our field; > > after > > > all, it really should be just like any other job, instead of being a > > hobby > > > that you happen to get paid for. Sure, it's nice to enjoy your work, > > but > > > work is just one part of the life of a well-rounded person." > > > > > > Dave Watts, CTO, Fig Leaf Software > > > </quote> > > > > > > Dave, > > > > > > Curious question for you. To those of us that enjoy programming as > > > a hobby and actually do research on our own outside of work time. > > > How > > does > > > intellectual property fit into this. The reason why I bring this up > > is > > > because well, due to the immaturity of most comapnies wanting their > > > developers to work 24/7, basically anything I concieve of is by > > > right > > of > > > employment contract, theirs. In their eyes, a salaried employee is > > > something akin to a ... well... a wageslave. > > > > > > Take the little company I work for. They'd love it if I worked for > > them > > > 24/7. The partners would get a kick out of it, especially if they > > could > > > purchase another SUV within a few months. However, I have been > > hesitant > > > to hand over anything, but at times, I've had no choice due to the > > lack of > > > time they give me for a particular project. My methodology for > > example. > > > The project manager basically scoped out what he felt my co-worker > > > and > > I > > > were developing, asked me to read this over and ... published it on > > the > > > intranet. At the same time, I'm thinking to myself, why did I just > > > do that? What did I gain from it? I got no recognition for it, I > > > got nothing. So, if I were to ever break away from my current job, > > > I'd be pretty screwed if they found out that I'm still using 'my' so > > > > called methodology for future clients. > > > > > > I'm very concerned about the future and maturity level of the so > > called > > > "internet/development" companies out there. How does figleaf handle > > > > creative ideas like this? > > > > > > Case in point, Branden Hall. I'm sure he cranks out actionscripting > > code > > > all day long and posts code left and right and handles what he can > > > to > > help > > > people out. How does Figleaf distinguish between his intellectual > > > property and commercial value? Does Branden run every little script > > of > > > code over to someone at figleaf and ask for permission to release > > > it? > > If > > > Figleaf uses his code that he wrote on his time, does he get > > compensated? > > > recognized? Does Figleaf automatically by default suck in his code > > into > > > their intellectual property library because it was used that one > > > time? > > > > > > Just curious, > > > ~Todd > > > > > > -- ============================================================ > > > Todd Rafferty ([EMAIL PROTECTED]) - http://www.web-rat.com/ | > > > Team Macromedia Volunteer for ColdFusion | > > > http://www.macromedia.com/support/forums/team_macromedia/ | > > > http://www.flashCFM.com/ - webRat (Moderator) | > > > http://www.ultrashock.com/ - webRat (Back-end Moderator) | > > > ============================================================ > > > > > > > > > > ______________________________________________________________________ Your ad could be here. 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