My question involves labor and employment law for the state of: Illinois
Preparing to sign a confidentiality agreement that includes an assignment of inventions section. I am looking for clarification on the wording.
I agree promptly to disclose to the Company any and all ideas, concepts, discoveries, inventions, developments, original works of authorship, software programs, software and systems documentation, trade secrets, technical data and know-how that are conceived, devised, invented, developed or reduced to practice or tangible medium by me, under my direction or jointly with others during any period that I am employed or engaged by the Company, whether or not during normal working hours or on the premises of the Company, which relate, directly or indirectly, to the business of the Company and arise out of my employment with the Company (collectively, "Inventions").
The last portion of this is where I want to make sure I am clear. Example: I am working for a company that designs and manufactures cameras.
I acknowledge that all original works of authorship made by me within the scope of my employment which are protectable by copyright are intended to be "works made for hire", as that term is defined in Section 101 of the United States Copyright Act of 1976 (the "Act"), and shall be the property of the Company and the Company shall be the sole author within the meaning of the Act. If the copyright to any such copyrightable work shall not be the property of the Company by operation of law, I will, without further consideration, assign to the Company all of my right, title and interest in such copyrightable work and will cooperate with the Company and its designees, at the Company's expense, to secure, maintain and defend for the Company's benefit copyrights and any extensions and renewals thereof on any and all such work. I hereby waive all claims to moral rights in any Inventions.
I acknowledge that all original works of authorship made by me within the scope of my employment
If the copyright to any such copyrightable work shall not be the property of the Company by operation of law, I will, without further consideration, assign to the Company all of my right, title and interest
Preparing to sign a confidentiality agreement that includes an assignment of inventions section. I am looking for clarification on the wording.
I agree promptly to disclose to the Company any and all ideas, concepts, discoveries, inventions, developments, original works of authorship, software programs, software and systems documentation, trade secrets, technical data and know-how that are conceived, devised, invented, developed or reduced to practice or tangible medium by me, under my direction or jointly with others during any period that I am employed or engaged by the Company, whether or not during normal working hours or on the premises of the Company, which relate, directly or indirectly, to the business of the Company and arise out of my employment with the Company (collectively, "Inventions").
The last portion of this is where I want to make sure I am clear. Example: I am working for a company that designs and manufactures cameras.
- I come up with an idea of a better method to mount a flash on the camera. This would be the property of the company because it directly relates to the business of the company.
- If I develop software used for photo editing. This would be the property of the company because it indirectly relates to the business of the company.
- I design a new type of opening for a water bottle. This would not be the property of the company because it does not directly or indirectly relate to the business of the company.
I acknowledge that all original works of authorship made by me within the scope of my employment which are protectable by copyright are intended to be "works made for hire", as that term is defined in Section 101 of the United States Copyright Act of 1976 (the "Act"), and shall be the property of the Company and the Company shall be the sole author within the meaning of the Act. If the copyright to any such copyrightable work shall not be the property of the Company by operation of law, I will, without further consideration, assign to the Company all of my right, title and interest in such copyrightable work and will cooperate with the Company and its designees, at the Company's expense, to secure, maintain and defend for the Company's benefit copyrights and any extensions and renewals thereof on any and all such work. I hereby waive all claims to moral rights in any Inventions.
I acknowledge that all original works of authorship made by me within the scope of my employment
- This means that if I am employed as a software developer, and code I write related to my job is the property of the company. Right?
- If I am writing photo editing software for a camera company as my job, and I write a solitare program at home, on my personal time that is not the property of the company because it has absolutely no relation to my role or the business of the company. Right?
If the copyright to any such copyrightable work shall not be the property of the Company by operation of law, I will, without further consideration, assign to the Company all of my right, title and interest
- If I have a copyrighted work, patent, or invention that has no relation with the business of the company, those would not be included or considered for this. Right?
