Work Contract - IP and Copyright

[D.P.]

My own equipment (computer, software licence, camera etc) in my own time for my own wedding photos.

There is no cross over.

The equipment tends not to matter though. E.g., if you are a software develop and you develop software at home on your own computer that is some way linked with what you do at work you are immediately in danger of IP infringement and need to be sensible.

Conversely, using the companies computer to do something unrelated is generally perfectly fine, but care must be taken with say a company car or more specialized equipment. A camera would likely come under that.

 

[Undesirable]

I had an idea for aniseed-flavoured rubber johnnies that turn your lips a funny colour. My employer can have in on it if they like.

 

[OspreyO]

....

As you mentioned you work in IT and your proposed side-project is non-IT it will not be an issue. Your employer isn't going to care about your twilight fan fiction 60 shades cross over.

Say your project is an IT project around banking. But in your own time you make an social app.

 

[MonkeyBasher]

Say your project is an IT project around banking. But in your own time you make an social app.

Those two areas have allot of cross over in terms of tools, tech and services these days. For example Monzo is quite a social aware banking system.
Both those markets will use encryption and client server tech.
So yes, you should raise this.

 

[OspreyO]

I see so if you are a bus driver during the day. You can't take a job being a delivery driver at the weekend. Because use the same skill and knowledge. Driving.

 

[dowie]

I see so if you are a bus driver during the day. You can't take a job being a delivery driver at the weekend. Because use the same skill and knowledge. Driving.

Nope... what does that have to do with IP? A bus driver generally creates nothing, they just do a basic job/task.

One potential issue there is sleep - drivers hours etc.. though.

 

[AHarvey]

I see so if you are a bus driver during the day. You can't take a job being a delivery driver at the weekend. Because use the same skill and knowledge. Driving.

no, it may be a conflict of interests and one job may effect the other so they'll need to be aware, but you aren't creating anything.

If for instance, you wrote an app at home to find the nearest bus route to you but you were a bus driver during the day they may have a leg to stand on as you're only creating that app as it's related to knowledge from your day job.

 

[dowie]

If for instance, you wrote an app at home to find the nearest bus route to you but you were a bus driver during the day they may have a leg to stand on as you're only creating that app as it's related to knowledge from your day job.

Doubtful that there would even be a clause in the contract of a bus driver relating to IP. Then again you never know...

 

[OspreyO]

Nope... what does that have to do with IP? A bus driver generally creates nothing, they just do a basic job/task.

One potential issue there is sleep - drivers hours etc.. though.

They have a knowledge of driving and navigation.

If I create software. Then create a completely different piece of software. Using a different language for a different business area it's a bit much for some one to claim it's all the same IP. What if I'm a contractor working on one contract part of the week, and a different contract in a different business area the rest of the week. That is common enough.

When I worked in design you'd have multiple projects all in the go at the same time.

 

[dowie]

They have a knowledge of driving and navigation.

So what - what does that have to do with IP - you've not answered the question - what IP do they create at work? They don't AFAIK. So what conflict (other than driver hours) is there between their delivery driver job and their bus driver job - you've not answered/thought this through... if you had you'd see it is a silly comparison. There likely isn't any contractual issue preventing it aside form hours in the day...

If I create software. Then create a completely different piece of software. Using a different language for a different business area it's a bit much for some one to claim it's all the same IP.

What do you mean "its the same IP?"

This is all rather dependent on what you do in work, what your contract covers, whether the contract is reasonable and what your project is outside of work.

What if I'm a contractor working on one contract part of the week, and a different contract in a different business area the rest of the week. That is common enough.

What about it - the thread is about an employee. You might well have some NDA agreements to sign as a contractor but if you've been brought in part time for a specific task then you'd be silly to sign anything that prevents you from taking on other contracts in the rest of you time wouldn't you? Unless you were very well paid for it.

 

[OspreyO]

Sigh..maybe we are talking things too literally... I'll roll back...

Someone implied that creating any software is all the same as it's creating something. So you couldn't take on other projects, or creative work in the OP case. In the OP case it states at work. So doing something outside of work seems excluded. End of...

I'd mention other clauses you regularly see but especially in software or IT I'm not sure this thread can handle it... but basically you can't stop someone with a generic skillset like programming or graphics from doing other unrelated work using the same skillset out side of work. Though many places try. Unless they pay for it and you agree.

 

[dowie]

Someone implied that creating any software is all the same as it's creating something. So you couldn't take on other projects, or creative work in the OP case. In the OP case it states at work. So doing something outside of work seems excluded. End of...

No they didn't imply that. I think they were stretching things a bit with their example but their point (with their example) was with regards to where the employment and the side project potentially overlap with regards to social media.

 

[OspreyO]

Overlap with social media... Where was that?

 

[dowie]

Overlap with social media... Where was that?

Posts #23 and #24 - perhaps it might be clearer if you quote the post you're referring to?

The poster's point was with regards to overlap:

"Those two areas have allot of cross over in terms of tools, tech and services these days" he certainly hasn't implied that creating any software is all the same.

If that wasn't the post you're referring to then perhaps you could point out what you are referring to?

 

[OspreyO]

Most tools and encryption will be generic. You can't claim IP on that basis...?

You could if are you were using proprietary or defined use licences and encryption. But that very specific and wasn't mentioned.

Overlap is too vague.

 

[dowie]

Most tools and encryption will be generic. You can't claim IP on that basis...?

On what basis?

You could if are you were using proprietary or defined use licences and encryption. But that very specific and wasn't mentioned.

Overlap is too vague.

Well your premise is vague, it depends on the circumstances... however the implication you claimed was made in fact wasn't.

 

[OspreyO]

Why mention it then...

(...it being non proprietary tools and encryption etc.).

Other examples like a company created API are obvious a conflict of interest and are not generic.

Though you often hear of someone who identifies a need that their company is not interesting in pursuing and provides a service to fill the gap. Always thought this was a bit iffy.

 

[dowie]

Why mention it then...

Because that is the whole point here, the issues here tend to arise where you do overlap with the IP you develop as part of your job or the IP you're exposed to within your job or (the IP you develop) overlaps with the area/industry you work in where your employer has some potentially competing IP.

It all depends on the scope of your contract, whether it is reasonable etc..etc.. as already mentioned.

If you develop something completely tangental then you probably won't have an issue. As for the argument about bus drivers being able to work as delivery drivers - that has nothing to do with IP and is completely missing the point.

 

[OspreyO]

I disagree I think we crossed into inferring certain skillsets like IT skillsets (knowledge) or tools can't be used outside your primary employment. That isn't about IP that's about stopping you working for a competitor. But you often see these kinda of clauses in contracts.

 

[OspreyO]

That's so loosely worded as to likely be unenforceable. 'As part of their job...' reads like something a 1st year legal student would draft.

Seemed very generic to me also. However its scope is narrowed by the "part of job" bit. There's miles of wiggle room there.