[NetBehaviour] "Where do I go from here?" - Text talking about employment
Edward Picot
edward at edwardpicot.com
Thu Jun 28 19:21:13 CEST 2012
James -
I had a look on the Unite website
(http://www.unitetheunion.org/member_services/legal_help/employment_issues/intellectual_property_works.aspx)
and it looks as if it's standard practice for employers to claim
intellectual property rights over anything their employees create: "Even
if the work is created by the employee in their own time and using their
own resources, the employee will not necessarily be able to claim any
rights in that work, if the employer shows that the nature of the work
created was that which could be reasonably contemplated as part of the
employee’s duties... Consequently, Amicus members who wish to retain
their rights in respect of ownership of work created in their own time
should ensure that their contract of employment expressly provides for
this to happen... some Universities have developed Intellectual Property
Policies which include revenue sharing schemes from the exploitation of
IP created by employees in the course of their employment. Such schemes
are of course a vast improvement on the statutory position, which (as we
have seen) generally does not allow for employees to share in the
financial success of the IP works they have created and the development
of such schemes in other sectors should be actively encouraged."
It looks as if you might be okay if you create something in your own
time which your employer could not demonstrate was connected in any way
to your work. And of course there's always the option of lying - signing
their contract, then cheating on it - which is probably common practice,
and not particularly morally reprehensible under the circumstances.
You'd have to be very careful how you covered your tracks, of course.
- Edward
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