How to prevent my new employer from stealing my IP

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17 comments, last by Vilem Otte 3 years, 8 months ago

I've been working on a game on and off for the past few years, and now I've got a job offer by a game company.

In the contract they gave me, it says that they own any Intellectual Property I come up with during the course of my employment, even if it's in my off hours.

However, there's a clause that says that I can list previously owned IP's on the contract, and those ones are exempt from this rule.

Does anyone have any advice on how to do this in a fool-proof way? I don't have a game website up yet, but I have lots of concept art and gameplay screenshots (which are subject to change).

Maybe all that is overkill and I just need to include a short blurb explaining the game concept.

What if the game name ends up having to be changed later?

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Just add everything to your list of previously owned IPs, and use the phrase “tentatively titled” if the name might change. Put all the info you can think of in it (it's more than just a list, you can add descriptions too).

I am not a lawyer, and what I just said is not legal advice. By the way, congratulations on getting a job offer!

-- Tom Sloper -- sloperama.com

Thanks Tom!

totesmagotes said:

In the contract they gave me, it says that they own any Intellectual Property I come up with during the course of my employment, even if it's in my off hours.

Serious question, is this even legal? If yes, is it legal-legal? So, would it hold against a judge?

So you should just shutoff your brains and don't think of anything else but the company work? The number one reason why as much as I love game programming, I would NEVER work for any game company along with all the known reported issues. This is really a question for a lawyer who is versed in these cases. With that said, there is NO job in the world that I would accept if that option was ever presented to me. These are the some of the same companies that over-work their employees, facilitate toxic culture all of which shows how much they “value” the said employee, then expect you to devote your entire life to the company?
My only advice to you is to thing long and hard about how much you really want this job and is it going to worth the hassle ( real or perceived ) in the long run

cgrant said:
So you should just shutoff your brains and don't think of anything else but the company work?

You are allowed to be creative in your free time, but in case you create something that your boss likes, he wants to have the right to take it.

One should be very careful when signing papers.

Well, I work there now, and I'm not too worried. I think their lawyer was a little overzealous in the language, but I don't expect to run into any issues, seeing as I've already got my IP as an exception on the contract.

I've been working on a game on and off for the past few years

I've been working on several games over a decade. Never released one for profit still. I've had the same concerns working for places like EA. Just don't be public about it. There are so many games nowadays on Steam and if you even made a little profit off it, it won't be noticed that much. Just keep doing your thing. Some game companies have these clauses and they are a little far reaching. If you ever actually come time to release something and still under something like this, you can always setup an LLC and have a registered agent that isn't you to have some protection (in the US).

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IANAL

I think companies write such policies to have a stronger position if there's ever a conflict about whether they own some intellectual property or not. My employer has a blanket policy that covers any intellectual property generated while being employed, and I have asked for many exceptions over the years. As long as what I ask doesn't relate to the company business, they don't have any problem granting the exceptions.

I don't know if this type of policy has been tested in court. They might be unenforceable.

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