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Karen Lunsford wondered what to advise her job-seeking students to do when
they are asked to sign an intellectual property contract. Here's what I'd
tell them:
It's true that some companies consider resistance to sign such a contract as
an indicator of a potential problem. You don't harm yourself, however, by
asking for clarification. Read the contract carefully, and ask what the
company interprets it to mean. They might say "Well, it's just standard" or
"We just want to keep people from moonlighting" or whatever. You want to be
sure you understand the company's position on anything you might create
outside of working hours. Then evaluate to what degree it might ever really
be an issue for you. It only becomes a problem if there is a conflict of
interest, or your own work starts to impact the work you were hired to do.
Legal opinions are still divided on whether such contracts are enforceable.
(Remember, you can litigate anything.) These agreements are always subject
to interpretation: I saw one that said "all creative output" -- taken to
extreme it could be interpreted as including your children!
Your own professionalism and integrity will resolve most of these issues.
Don't infringe on your employer's rights. Ask your employer if you think
what you are working on at home might be a problem. Work on something
totally different at home if you must be continually creating. Look for work
in a different industry.
If you're really worried about what you are asked to sign, consult a lawyer,
or turn down the job.
--Beth
Beth Agnew
Senior Technical Writer, InSystems Technologies Inc.
65 Allstate Parkway, Suite 100 Tel: (905) 513-1400 ext. 280
Markham, Ontario, Canada L3R 9X1 Fax: (905) 513-1419 mailto:bagnew -at- insystems -dot- com Visit us at: http://www.insystems.com
