Pretty much 100% of developers working for other people end up signing some kind of “proprietary invention agreement,” but almost all of them misunderstand what’s going on with that agreement. Most developers think that the work they do at work belongs to their employer, but anything they work on at home or on their own time is theirs. This is wrong enough to be dangerous.
So let’s consider this question: if you’re a developer working for software company, does that company own what you do in your spare time?
Before I start: be careful before taking legal advice from the Internet. I see enough wrong information that you could get in trouble. Non-US readers should also be aware that the law and legal practice could be completely different in their country.
There are three pieces of information you would need to know to answer this question:
1. What state (or country) are you employed in?
There are state laws that vary from state to state which may even override specific contracts.
2. What does your contract with your employer say?
In the US, in general, courts are very lenient about letting people sign any kind of contract they want, but sometimes, state laws will specifically say “even if you sign such and such a contract, the law overrides.”
3. Are you a contractor or an employee? In the US there are two different ways you might be hired, and the law is different in each case.
But before I can even begin to explain these issues, we gotta break it down.
Imagine that you start a software company. You need a developer. So you hire Sarah from across the street and make a deal whereby you will pay her $20 per hour and she will write lines of code for your software product. She writes the code, you pay her the $20/hour, and all is well. Right?
Well… maybe. In the United States, if you hired Sarah as a contractor, she still owns the copyright on that work. That is kind of weird, because you might say, “Well, I paid her for it.” It sounds weird, but it is the default way copyright works. In fact, if you hire a photographer to take pictures for your wedding, you own the copies of the pictures that you get, but the photographer still owns the copyright and has the legal monopoly on making more copies of those pictures. Surprise! Same applies to code.
Every software company is going to want to own the copyright to the code that its employees write for them, so no software company can accept the “default” way the law works. That is why all software companies that are well-managed will require all developers, at the very least, to sign an agreement that says, at the very least, that
in exchange for receiving a salary,
the developer agrees to “assign” (give) the copyright to the company.
This agreement can happen in the employment contract or in a separate “Proprietary Invention Assignment” contract. The way it is often expressed is by using the legal phrase work for hire, which means “we have decided that the copyright will be owned by the company, not the employee.”
Teen Mobile Usage Pushes Media Consumption in Apps to over 2 Hrs/Day
By: Simon Khalaf, SVP, Yahoo
Last August, in Flurry’s app usage report, we declared that “Content is King: Again.” That report showed U.S. users’ time spent consuming media in apps had grown from 46 mins/day in 2014 to 96 mins/day in 2015, a whopping 108% year-over-year increase. Curious to clock this year’s usage, we ran the numbers again and found that time spent consuming media in apps posted another 38.5% year-over-year gain between 2015 and 2016. The average U.S. consumer now spends 133 minutes/day (well over two hours every day) consuming media in mobile applications.
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Guys….Guys…WHAT THE ACTUAL FUCKKKKK. Never have I thought that I would get noticed by a GAME DEVELOPER for HELLO NEIGHBOUR LIKE WHAT THE ACTUAL FUCK!!!!!!!! Guysss…Im just so happy…I got a like on one of my digital art creations I did on here (just posted it last night) But its sooo crappy…Im actually fucking shocked that I got a like from the game developer himself..Ive watched many people play the game and its sooo crazy how small of a world we live in…To actually be noiced by someone that popular. God bless!! :3 This has motivated me to keep tryingg my best and always succeed! the little things in life are what makes it so much more special!<3