Watermarks

This is actual the default legal position, it's covered under "Employee created works". It doesn't need to be in an employees contract but is usually added as good practice to make things water tight. So in the course of your employment if you create works then the company holds the copyright not the author. Images, code, video etc. where ever copyright applies. So something like a software coder creating a website in the course of their job role the IP would rest with the company automatically, as would an image taken by a tog. That is unless there is provision within the employment contract that says the IP / copyright is assigned to the original author usually with the proviso the company is granted a license to the works free of costs or restrictions.

I think he was referring to things produced that were not part of his normal work for his own personal use. There is a similar clause in my contract for software related to the business I'm in regardless of whether I'm producing it for the company or not..
 
I think he was referring to things produced that were not part of his normal work for his own personal use. There is a similar clause in my contract for software related to the business I'm in regardless of whether I'm producing it for the company or not..
Ouch :eek:
 
I think he was referring to things produced that were not part of his normal work for his own personal use. There is a similar clause in my contract for software related to the business I'm in regardless of whether I'm producing it for the company or not..

Yes, my own personal photographs were technical the companies IP for a few months until a few of us persuaded the company to change their contract.
The employment contract had a statement like "All IP produced while employed is owned by Company X unless prior arrangements and exclusions are detailed". What is normal for the likes of a software company is for all IP relating to any software/algorithms/data structures/applications is owned by the company without prior separation. The original contract didn't stipulate software but all IP. So the design of the secretary's jewelry she made on the weekend, one of the guys who records his own guitar music and my photos technical belonged the company. The intention of the original contract was never to take ownership of such external IP but to protect core business IP.


The IP protection is still in place for software. If I get a killer idea for a smartphone app I have to put the thoughts aside, terminate my employment, then rethink the idea because if I develop the idea further while being employed then my employer owns the IP. This is unfortunately standard for software companies. If you work for a nice company with rational management when you get the first idea then you can approach the managers and try to create a separation of IP before you develop the idea.
 
Last edited:
Back
Top Bottom