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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.