Businesses Who add Assignment of Copyright in employment contracts

[Mori]

Virginia

In my employment contract there is a clause that states:

"You hereby assign to the Company by way of future assignment, all copyright and other proprietary rights, if any, for the full terms thereof, throughout the World in respect of all copyright works originated, conceived, written or made by you entirely outside of your normal working hours and entirely unconnected with your job and with the Company."

I'm an editor but I write on the side. If I publish my work does this clause grant rights to my employer?

Thanks

 

[JETX]

It could. I suggest you contact the employer and try to negotiate an exclusion for certain activities.

 

[Mori]

If I terminate employment, am I still bound by this contract as the conditions upon which the employment was based would be rendered moot?

Is there a case history where employers have sued employees for the rights to works published during the time of employment on the grounds of language such as this? If so, how often have ruled in favor of the employer?

Thanks for this!

M

 

[JETX]

"If I terminate employment, am I still bound by this contract as the conditions upon which the employment was based would be rendered moot?"
*** If you have any "copyright works originated, conceived, written or made by you" that were done during your employment, those works are and would be bound by the agreement. I would assume that any works created AFTER or BEFORE your employment would remain your property.

"Is there a case history where employers have sued employees for the rights to works published during the time of employment on the grounds of language such as this? If so, how often have ruled in favor of the employer?"
*** I suggest you contact a competent copyright attorney in your area to review your entire agreement and to provide caselaw research for you.