Intellectual Property Law

Intellectual Property and Employment Agreements?

I just began work for a fortune 10 Corporation two weeks ago. As part of the "curriculum" in a 5 week training class, today I was asked to sign an "Intellectual Property Agreement" in which all i.p. I create either "1 While employed 2 While on company time 3 Utilizing proprietary information, or technology" becomes the property of the company and I'm required to notify them of anything i.p. I create. I am an aspiring writer with a novel nearly completed and a few short stories in the works. I don't feel comfortable signing this agreement. My trainer says that it will only deal with anything I create that involves the company, its main products, computer code or technology. What should I do? What are my rights? Is there a way around this?

Public Comments

1. Intellectual properties that you began and can trace back before your employment are not covered by the agreement, and are thereby ... safe, as long as you do not use company resources or time to develope them further. Use your own resources to do your work, and company resources to do their work. These agreements are common nowadays, because the company wants to protect the investment they made in you
2. These agreements are common these days, particularly with 'high'tech' companies. Many times you can 'declare' any patents, inventions, etc. you have to be 'excluded' from said agreements. Your situation sounds like you might be working for a 'tech' company but your concerns are about novels? As long as your writing doesn't 'hinge' on your company's business, I see no conflicts. If you like or need your job you will 'sign zee papers'. See if you can claim any 'exclusions' . If you are REALLY concerned - check with a lawyer specialized in Intel. Property. There are many Authors who have signed Intel Prop agreements that do not conflict.
3. They are not hiring you to write a novel. As long as you don't write your novel on company time, and as long as nothing in your novel discloses proprietary information, you should be fine. I wouldn't be concerned about this, it's a fairly standard agreement. If you are still concerned you could ask for a specific waiver for any fictional works you create. Dana (attorney)