TechWhirl (TECHWR-L) is a resource for technical writing and technical communications professionals of all experience levels and in all industries to share their experiences and acquire information.
For two decades, technical communicators have turned to TechWhirl to ask and answer questions about the always-changing world of technical communications, such as tools, skills, career paths, methodologies, and emerging industries. The TechWhirl Archives and magazine, created for, by and about technical writers, offer a wealth of knowledge to everyone with an interest in any aspect of technical communications.
When I used to work as an engineer, these things were spelled out quite
specifically in my employment contract. If one has a problem with that, it
needs to be brought up at the time of employment - sometimes employers will
still hire you if you strike out clauses in the contract.
Non-compete clauses (especially for contract workers) can keep you from
having a job for a year or more, depending on their wording. One contractor
I know struck the non-compete clause included in the "standard" contract
with one contract house, and they didn't bat an eye. Universities have more
draconian contracts (and ISTR that students' output was also university
property - and they PAY for this privilege).
Usually, the things you developed on your own time with your own resources
would only be claimed by your employer if it were related to your employer's
business. It was rather vague when you worked for someone that manufactured
everything from military equipment to consumer electronics products, owned
TV, Radio and record companies, carpeting manufacturers and
chicken-processing plants. It was hard to find an area where they WEREN'T
doing business.
-Wendy
On Tue, Jul 22, 2008 at 7:02 AM, Technical Writer <tekwrytr -at- hotmail -dot- com>
wrote:
>
> On several occasions in the past couple of years, I have seen the issue of
> output ownership come up, with some surprising results. In one case, a
> business declared that it owned output created by its employees offsite and
> off-work, because the business was "providing resources and intellectual
> stimulus that directly resulted in the output." Specifically, their argument
> was that the output would not have been developed independently; it required
> the stimulus of employment-related activities to facilitate development.
>
> If Worker A is employed on a Widget Project, and develops a newer, better
> way to build widgets, that process is "owned" by the business because they
> provided the resources, activities, and intellectual stimulus that resulted
> in the development of the new, better way.
>
> Before everyone jumps on this with a Sebastian Statement (from the
> Neverending Story, "But thats impossible!"), this is not an isolated case,
> and may be slipped in as part of "non-compete" agreements in employment
> contracts. If you develop something while employed by Company A, they own
> it, not you.
>
> Next case, an adjunct faculty member at a university developed a multimedia
> tutorial for the topic matter she was teaching at the university. Generic,
> not specific to the course--only to the topic. The university claimed
> ownership, it held, despite the fact that the tutorial was developed offsite
> on the instructor's time.
>
> This is a big issue, and it directly affects anyone employed in a technical
> field. The issue of an employer providing the "intellectual stimulus that
> enabled or facilitated the development of X" and thereby gaining ownership
> of X, is huge. If what you are doing is essentially worthless, it doesn't
> matter. If you happen to develop the 2008 equivalent of DOS--on your own
> time--and your employer claims ownership, it could be a problem.
>
> It is not as "clear" an issue as "I did it on my time, so its mine."
> tekwrytr
>http://www.tekwrytrs.com/ - Contract business analysis and solutions
> development in Visual Basic .NET, ASP .NET, SQL Server, and XML.
> Specializing in cost-effective rapid application development (RAD),
> prototyping, and service-oriented architecture (SOA) IT solutions for SMBs.
> _________________________________________________________________
> Time for vacation? WIN what you need- enter now!
>http://www.gowindowslive.com/summergiveaway/?ocid=tag_jlyhm
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> Create HTML or Microsoft Word content and convert to Help file formats or
> printed documentation. Features include support for Windows Vista & 2007
> Microsoft Office, team authoring, plus more.
>http://www.DocToHelp.com/TechwrlList
>
> True single source, conditional content, PDF export, modular help.
> Help & Manual is the most powerful authoring tool for technical
> documentation. Boost your productivity! http://www.helpandmanual.com
>
> ---
> You are currently subscribed to TECHWR-L as voxwoman -at- gmail -dot- com -dot-
>
> To unsubscribe send a blank email to
> techwr-l-unsubscribe -at- lists -dot- techwr-l -dot- com
> or visit
>http://lists.techwr-l.com/mailman/options/techwr-l/voxwoman%40gmail.com
>
>
> To subscribe, send a blank email to techwr-l-join -at- lists -dot- techwr-l -dot- com
>
> Send administrative questions to admin -at- techwr-l -dot- com -dot- Visit
>http://www.techwr-l.com/ for more resources and info.
>
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Create HTML or Microsoft Word content and convert to Help file formats or
printed documentation. Features include support for Windows Vista & 2007
Microsoft Office, team authoring, plus more. http://www.DocToHelp.com/TechwrlList
True single source, conditional content, PDF export, modular help.
Help & Manual is the most powerful authoring tool for technical
documentation. Boost your productivity! http://www.helpandmanual.com
---
You are currently subscribed to TECHWR-L as archive -at- web -dot- techwr-l -dot- com -dot-
