Asklemmy

I got my contract modified to exclude anything I do outside of work

I have signed several of these. If you do it on company time or with company resources, it's theirs. If you do it on your own time with your own stuff, it's yours.

You may or may not be shocked to learn how many "personal projects" get done when people are supposed to be doing the work they get paid for or with resources they are effectively stealing from their employer. This isn't some evil corporate attempt to steal your brilliant work. They are trying to make sure that when you are at work using their stuff you are doing your actual job.

If you have your own things you want to pitch as products you will be giving over the rights to that the minute you work on it on company time with company resources.

If your ideas are good, save money, quit, start a start up, and use your connections to make a good deal with them (sell it to them). Or wait until you are a vested shareholder.

If there are any ideas you want to make sure you protect upfront, write them down & mail them to yourself.

Don’t open it when it comes back & you’ll have postmarked proof the idea was yours on the day you mailed the letter.

That’s what they taught us film school in the early 2000’s anyways.

NAL, but have heard of these. Amazon was really bad about it a few years ago.

General rule, anything you do on company time/devices/premises is theirs. That is enforceable for sure, and it's provable.

Anything you do in your own time is generally unenforceable, unless you still code/materials or something from them. Caveat being that it can't conflict with your work. i.e. if you work for Expedia and start a new travel company you may be in an enforceable grey area, "They stole company secrets to compete with us". However if you work for a game company and make your own game, you're probably fine.

Read your contract, know it upside down and sideways, that's going to be the guiding principal.

I actually have a friend who's involved in a situation like this right now. He got laid off from his old job a few months back and while he was job hunting he started working on a project with a couple other friends that could be worth a fair bit of money. He's had job offers since then and he got a lawyer to write up a description of the project he's working on that could be inserted into those "I'm keeping the rights to this stuff" contract sections.

It's a bit different for him because it's stuff that he's actively working on right now, though. It sounds like your case might be simpler, if it's stuff you haven't done yet and don't plan to try working on while employed with this current employer I suspect you won't need to worry about it. Though of course, IANAL.

Chat GPT4 says:

It's wise to consult a lawyer for matters involving intellectual property (IP) rights, particularly when entering into an employment agreement that may affect ownership of your ideas. Here are some key concepts and steps you might consider:

1. Intellectual Property (IP) Assignment: This typically refers to a clause in employment contracts where an employee agrees to transfer the rights of creations related to the job to the employer. Understanding the scope of this clause is crucial.

2. Pre-existing Works: You should document and list any pre-existing ideas or projects you have developed before joining the company. These should be explicitly excluded from the IP assignment in your contract.

3. Scope of Work: Clarify with the employer the fields or subjects the IP assignment covers. If your ideas are outside this scope, they may not fall under the company's IP claim.

4. Invention Assignment Agreements: These are common in tech and creative industries and usually require employees to disclose any inventions made during their employment. Distinguishing between work-related and personal projects is essential here.

5. Confidentiality and Non-Disclosure Agreements (NDAs): These could also play a role in how your ideas are protected or disclosed.

6. Document Everything: Keep detailed records of your ideas, the development process, and the dates. This could be vital if there's ever a dispute about when and where the IP was created.

7. Future Ventures: If you plan to develop your ideas into products in the future, consider forming a legal entity (like an LLC) and assigning your IP to that entity.

8. Terms to Research: Look into "work made for hire," "non-compete clauses," "trade secrets," and "non-disclosure agreements."

Remember, the laws can vary significantly by jurisdiction, and the specifics of your situation can change the advice significantly, so professional legal counsel is always recommended.