iPhone Game: Conflict of interest with Employer?

[GameBoy1990]

What is the name of your state (only U.S. law)? MA

Hi Folks,
I recently accepted a job at a video game company. Previously I had started making my own iPhone game for fun, prior to starting any work at this new company. As part of the paperwork for this new company's hiring process, I have to sign a conflict of interest agreement. According to the HR rep at the company, I most likely will not be able to work on my own games anymore by nature of being employed by this company.

My question is, can I continue to work on and publish my game that I already started, prior to signing the offer letter at this company? Would it be safe since I started it prior to any employment by the company?

 

[quincy]

What is the name of your state (only U.S. law)? MA

Hi Folks,
I recently accepted a job at a video game company. Previously I had started making my own iPhone game for fun, prior to starting any work at this new company. As part of the paperwork for this new company's hiring process, I have to sign a conflict of interest agreement. According to the HR rep at the company, I most likely will not be able to work on my own games anymore by nature of being employed by this company.

My question is, can I continue to work on and publish my game that I already started, prior to signing the offer letter at this company? Would it be safe since I started it prior to any employment by the company?

Whether you can continue to work on and publish the game you already started really depends on the terms of your employment contract and the conflict of interest agreement.

Generally speaking, unless there is an agreement made to the contrary, anything that is created outside of the scope of one's employment is not a work made for hire and belongs to the creator and not the employer.

If the work you are creating is the same work you are being paid to create and you create the work at your place of employment or using the tools of your employer or during your typical work hours, then it could be judged a work for hire belonging to your employer. But even if you are creating the game at your home during your own hours, whereby you would own the copyrights, the conflict of interest agreement could mean you cannot market your game during the course of your employment if it competes with your employer's products.

Essentially it will fall on how scope of employment is defined in your case and the terms of any agreement signed with your employer.

If your employer argues that the copyrights in the game you are creating belong to him, then it becomes an issue for you that would require an additional agreement with your employer or a personal review by an attorney in your area.

Good luck.

 

[GameBoy1990]

Yeah I guess you are right, I need to follow up with the company's legal department on specifics. From my past experiences, software companies usually have a conflict of interest policy stating that any software you work on while employed, whether at work or at home, regardless of what devices are used to write it, belong to the company, unless otherwise agreed upon to belong to the employee.

In my case, HR said that most likely any kind of game being developed will not be agreed upon by the company as they are very picky about approving anything like that.

 

[quincy]

Yeah I guess you are right, I need to follow up with the company's legal department on specifics. From my past experiences, software companies usually have a conflict of interest policy stating that any software you work on while employed, whether at work or at home, regardless of what devices are used to write it, belong to the company, unless otherwise agreed upon to belong to the employee.

In my case, HR said that most likely any kind of game being developed will not be agreed upon by the company as they are very picky about approving anything like that.

Right now, because you apparently have signed no agreement, your game belongs to you and what you do with the game is up to you. If you want the job you have been offered, however, then it appears you are limited in what you can do with your game once hired.

It is possible (I don't know how probable) that you could fashion a separate agreement with your new employer that covers this one game only - essentially making it an exception to the conflict of interest agreement.

Make sure you understand exactly what rights you are giving up before signing any agreement. It makes good sense to have an IP attorney review the terms of the contract you are being asked to sign prior to signing.

Good luck.