Will my assignment of Intellectual Property for Employer only affect the products I create for the company? 2 Answers as of July 05, 2011

I'm getting ready to sign a non-compete and statement of work with a new employer. They are a web development firm and have requisite clauses that assign intellectual property rights to their company. However, I also do web development myself and will be working on projects outside of work that I don't want to be assigned to the company I will be working for. The clauses that concern me are as follows: In the statement of work: The Contractor acknowledges that all design products produced while under contract with TSD remain the property of TSD. This includes final design products and website code, as well as all intermediate design products, files, sketches and notes. In the non-compete: Contractor hereby assigns to TSD all rights to own, patent, trademark, or copyright any items developed by Contractor during his/her work with TSD In the statement of work, it defines my Timing/Location as 9-5:30pm and within their offices, does this mean that these clauses are only relevant to work I do during those hours and in that location? Or would this effect the intellectual property of products I produce on my own?

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Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
I suggest that you contact and consult specifically with an intellectual property attorney before you sign the agreement to assure that your rights are protected.
Answer Applies to: Indiana
Replied: 7/5/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
It could potentially require you to transfer ownership of anything you create to your employer. You need to modify the clause to give you ownership of anything you create when not actually working on employer's premises. Even then you will have to document your work outside of your employer.
Answer Applies to: California
Replied: 7/5/2011
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