On 5/11/05, Steve Onnis <[EMAIL PROTECTED]> wrote: > If your employed by the company on a salary/full time/part time basis, then > the company owns it. It comes hand in hand with being an employee.
Negative. An employer does not retain the rights to all creations you develop whilest under the employee, unless they specifically allocate you as a resource to build that said product. In that going by the above assumption, technically you could argue that my employer owns my model plane i just build out of popsticks. Why? well name one contract that you've seen where it states that "we own all coldfusion applications you make"... keyword being coldfusion. As technologies are so vast that you really need to outline whats required of you as an employee and what you have to give over (ie technology constraints) in order to be one. An Example comes to mind where, it specifically said that it forbid me to create an application in the same industry as my employer is in for 6 months upon leaving the employer (which can be argued as "restraint of trade"). Now first glance that sounds fine, but the contract neglected to outline what their "Industry is" so, that clause was considered "vague and open to suggestion". This is umm adhoc legal advice and probably lost in translation, but everytime I start/leave a job, i see a lawyer to simply cover my butt (what do i need to be mindful of etc) - kind of like a medical check before i start the next job. You'd be amazed what gets put into contracts but have absolutely no substance and the clauses that do, are so vaguely defined that they could mean a million things and so wouldn't see the light of day if legal action were to be taken. (Keep in mind when a legal action takes place, there has to be "no doubt" that partyA screwd partyB over). In your case, i'd say yeah you should be fine. Provided you can state that its your own creation and you aren't using work that you've designed/created in the organisation. ... basically don't freakin install it at work, keep it off your work hdd.. in fact don't even bring it in on a laptop to work as that could be a gray area. Seek a lawyer before you go to market, even its still in idea stage as they will have the ins/outs of specifically whats legal/illegal instead of this throw-away advice on CFAUSSIE :) Heh i've had one or two employers threaten legal advice, i simply roll my eyes, hand the threats to my solicitor, which he then draws up a reply which tells them that clauses ABC are fubar, and if you really want to go down this path, we are more then happy to. It helps also having a mate who's a lawyer and doesn't charge you ;) hehehehe. -- Regards, Scott Barnes Who thinks Chads Signatures are funny and should be part of all email clients. --- You are currently subscribed to cfaussie as: [email protected] To unsubscribe send a blank email to [EMAIL PROTECTED] Aussie Macromedia Developers: http://lists.daemon.com.au/
