Yeah, bottom line I am finding from the CFAUSSIE legal forum is that I and my work are wholly owned by my employer.
His view is that I can do what I want with it. Playing with a word picture, though, say you have a VW Bug and you are converting it to a Porche. Boss is quite generous as to what you do with the Bug. But once it's a Porche, he may not let it out of the garage. So the onus is on me to draft up a plan and present it to get something finalized. May also get some legal advise. Thanks for the insight and personal experiuences, folks. Chad who owns a '65 2-tone VW Bug On 5/11/05, TRACEY, Darren <[EMAIL PROTECTED]> wrote: > I've got to agree with Barry on the first point here. > I've been scratching my head in cionfused disbelief over most of this > thread. > I'm aware of several past cases where employees have lost the ownership, in > court, of things they've developed (some that weren't even related to their > jobs) while employed by a company. > It may suck, but its the law, and thats how it works. > Scott, your employer does own the IP to the paddlepop stick plane you > designed while you worked there. > You, the employee, have to go to extreme lengths to prove that it was not > developed during any time paid for by your employer. This is not practical > under most circumstances. > I would argue that Inco, should they choose to pursue it, would have a very > good legal claim on Scotts SynergyFlex framework, unless Scott has some very > good wording in his contract that gives joint ownership of IP, where the > company owns the IP for the product Scott makes for them and Scott retains > IP for tools and frameworks he develops and uses to build these products for > the company. > > As for Moral Rights, this is all about the right to have your name attached > to a piece of work as its author/creator. It cannot be extinguished, sold, > given away or negated. It also doesn't give you any stake on the IP rights. > They are 2 different things. > > Please remember, I'm not a lawyer. If you make a financial or legal > descision based on my statements, or any statements in this forum, then you > only have yourself to blame if it all goes bad. For gods sake, get some > real, actual, legal advice. > > Chad, what you are suggesting that your 'friend' wants to do sounds, to me, > to be, in the eyes of the law, theft. > Get some legal advice, and then get something in writing from the company > that gives you permission to do what you are wanting to do. By the sound of > it, they don't sound like they'll care what you do and should give you the > rights you need, but if you don't get it sorted out now, while you both have > this high opinion of each other, then you run a very high risk that > somewhere down the line, that you will be in a whole world of pain and legal > misery and there will be nothing you will be able to do to protect yourself > from it. > > Regards > > Darren Tracey > Systems Analyst > HR Systems and FastTrack, Web and Integration Services > p: + 61 7 3232 4091 (x64091) > f: + 61 7 3232 4744 > e: [EMAIL PROTECTED] > l: Lvl 3, 388 Queen St Brisbane QLD 4000 > m: Suncorp IPC IT048, GPO Box 1453, Brisbane QLD 4000 > > > > -----Original Message----- > > From: Barry Beattie > > Sent: Wednesday, 11 May 2005 2:26 PM > > To: CFAussie Mailing List > > Subject: [cfaussie] RE: OT: IP Ownership > > > > > > 1) > > <quote src="Scott Barnes"> > > An employer does not retain the rights to all creations you develop > > whilest under the employee, unless they specifically allocate you as a > > resource to build that said product. > > </quote> > > > > Scott, sorry to disagree with you but I remember a games programmer (in > > Melb I think ) about 3 or so years ago that lost his IP of a kick-ass game > > he made at home while making games for the company he was employed for. > > went ot court and he lost. > > > > the story goes that he was using ideas, processes, etc that was inspired > > by his day job. Any outside work/product had to be approved by his work > > and that outside work was in fact owned by his employer. > > > > It was actually written into his contract as such, as it is for me...(got > > a copy of your old contract, Scott? have a close look - you'll be > > surprised) > > > > 2) > > <quote src="M@ Bourke"> > > I've done contract work before where the contract stated along the > > lines of its all owned by them, and when I finish the project I have > > to hand them all the source code and delete any copy's I have etc. > > </quote> > > > > I've heard that, for contractors au fait with "enlightened" contract > > conditions, the product belongs to the "owner" (employer) while the > > developed code libraries the contractor can take away with him when the > > project is finished. > > > > anyone confirm that this is common? > > > > my 2c > > barry.b > > > > > > --- > > You are currently subscribed to cfaussie as: [EMAIL PROTECTED] > > To unsubscribe send a blank email to > > [EMAIL PROTECTED] > > Aussie Macromedia Developers: http://lists.daemon.com.au/ > > ----------------------------------------------------------------------------------- > This e-mail is sent by Suncorp-Metway Limited ABN 66 010 831 722 or one of > its related entities "Suncorp". > > Suncorp may be contacted at Level 18, 36 Wickham Terrace, Brisbane or on 13 > 11 55 or at suncorp.com.au. > > The content of this e-mail is the view of the sender or stated author and > does not necessarily reflect the view of Suncorp. 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