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Re:Ask HN: What is your passive income 2019? by driverdan on Tuesday October 29, 2019 @02:25PM (#21390463)
> Most contracts don't allow for commercial side projects and the company owns anything you create even outside of working hours.

Those are terrible terms. You should never sign something like that.

Re:Ask HN: What is your passive income 2019? by jakenberg on Tuesday October 29, 2019 @02:30PM (#21390525)
And that rarely holds up in court, especially in California. Some common sense comes into play e.g. if you're building a direct competitor or using their IP, then of course that's going to be an issue.
Re:Ask HN: What is your passive income 2019? by dctoedt on Tuesday October 29, 2019 @02:43PM (#21390642)
> And that rarely holds up in court, especially in California.

Flowchart to help determine employer ownership of inventions: https://www.oncontracts.com/docs/Who-owns-an-employee-invent... (from 2010; annotated w/ citations to state statutes) (self-cite).

EDIT: Ownership of copyright in an employee-created "original work of authorship" will depend on the facts. Here are a couple of cases:

CASE 1: (A) The employee-author acted "within the scope of employment" in creating the work, AND (B) the employer and employee do not have an agreement altering ownership. RESULT 1: Under 17 U.S.C. 201(b), the employer owns the copyright in the work. https://www.law.cornell.edu/uscode/text/17/201

CASE 2: (A) Employee-author did not act "within the scope of employment" in creating the work, AND (B) the employer and employee did not have an agreement governing ownership of the work. RESULT 2: Under 17 U.S.C. 201(a), the employee owns the copyright in the work.

Note that calling something a "work made for hire" doesn't automatically make it one — the work must fit into one of nine statutory categories [0], AND the parties must agree, before the work is created, that the work will be a work made for hire.

[0] https://www.wikiwand.com/en/Community_for_Creative_Non-Viole...

Re:Ask HN: What is your passive income 2019? by bonoboTP on Tuesday October 29, 2019 @02:46PM (#21390679)
Is "invention" to be interpreted in a very broad sense here? If I build some cookie cutter CRUD app that nevertheless provides an income, is that an invention?
Re:Ask HN: What is your passive income 2019? by fred_is_fred on Tuesday October 29, 2019 @06:13PM (#21392665)
It may not hold up in court, but your employer has more lawyers and more money than you and it simply may not be worth fighting.
Re:Ask HN: What is your passive income 2019? by jakenberg on Tuesday November 05, 2019 @07:12PM (#21458401)
That goes both ways. They know they'll lose. I've been in this exact situation with an estranged CEO. They send their cease & desist and hope you take it down, but won't go further than that. Sure, you might have a psycho on your hands ready to lose all his time and money, but at that point, you shouldn't have ever taken the job, so moot point.