It's complicated.  Is the project in the same domain? Are you going to
use their equipment, resources and pick your colleagues brains?  Can
you see yourself working on a great idea out of work and implementing
it?

Speak to the hiring manager first and try and discuss that clause.

Some good resources below:

http://news.ycombinator.com/item?id=1112808
http://news.ycombinator.com/item?id=1533817


Jonathan



On Thu, Sep 23, 2010 at 11:36 AM, Ben Leslie <be...@benno.id.au> wrote:
> I'm not a lawyer, but my reading of those clauses would suggest that
> your IP is not protected. I would not sign that agreement without
> changes to those clauses.
>
> I would suggest talking to the hiring manager, exilian your desire to
> create other IP external to the contract, and see if the relevant
> clauses can be updated.
>
> Hope that helps,
>
> Benno
>
> On Thursday, September 23, 2010, Aymeric Gaurat-Apelli
> <ayme...@gaurat.net> wrote:
>> Hi,
>> I will be hired as a contractor for some work and I am about to sign a 
>> confidentiality deed document and I want to make sure all the IP I produce 
>> outside of the scope of the engagement (work at home) won't be retained by 
>> the employer.
>>
>>
>> My first language is not English so I want to make sure I don't confused by 
>> the subtleties of the language.
>> The following are the paragraphs I would like your opinion on:
>>
>>
>> == Document extract
>> "In the course of employment by CompanyName you may make an invention or 
>> discovery; improveon an existing invention, technique or process; or author 
>> an original work or subject-matter.
>>
>>
>> You acknowledge the desire and right of CompanyName to have disclosed to it 
>> all such inventions,discoveries, improvements and material, and to have 
>> vested in it any intellectual property rights
>>
>> subsisting therein.
>> [...]
>> You acknowledge that CompanyName is entitled to any Intellectual Property 
>> Rights that may ariseor be capable of being claimed as a result of anything 
>> done by you in the course of or in
>>
>> connection with employment by CompanyName ."
>> == End of document extract
>> Is the IP produced outside of the scope of the engagement protected or will 
>> the employer be able to take it?
>>
>>
>> Thank you,--
>> Aymeric Gaurat-Apelli
>> http://aymeric.gaurat.net
>>
>>
>>
>>
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