Employment Contract Where Company Owns All "Inventions"

If you don't deal with this now, it could come back and bite you. So yes, clarify everything with HR before you start, because if you publish and they do come after you for copyright you're stuffed.

Recognise also that bringing this up with HR now could make them think you're going to be too much work to work with. So there are dangers. But still. You can't ignore it and hope for the best, and expect to have a good outcome.

I've worked for bastar... *cough*... employers like that. One of them is enormous, has a three-letter acronym for its common name, and employs more lawyers than most large companies have employees.

Yes, they can put crap like this in a contract. You could and should push back. But if they're anything like my former employer, they'll say no; sign the contract as-is if you want to work here. (I know someone for whom this played-out exactly that way.)

If you still decide to take the job, it probably will never come to them sueing for revenues of your novel. But if it does, while doubtless you'd win in court (that clause of the contract would be rendered unenforceable), there's a chance that you might fail, and you'd still have to pay legal fees to defend yourself either way.

Personally, I wish my former employer and all others who write such abusive contracts would be covered in pancake syrup, then staked to ant hills under a cloudless sky until their bones bleached white. But then, that's not the American way, where corporations are people too, my friend.

Just want to chime in, I agree - that's way over the limit. See if they'll negotiate and if they won't - ... that sucks.

I'm tempted to suggest that you have an intellectual property attorney look over the contract if you're inclined to sign it and they don't change it. Do you have a plan B, or will the wolves be at the door if you don't sign that contract? That is, can you walk away?

"Inventions" sounds to me like the work involves new procedures and such that could be patented, not novels. ?

neurotype said:

Thanks for the response! There is also a stipulation in the contract that my agreement to it extends beyond end of employment as well. The company has nothing to do with the arts or media, but still...seems excessive!

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So they're going to claim ownership of all your "inventions" even after you're not working for them? You need to get a lawyer to check the contract over and explain to you, in writing, what it all means before you sign it.

Introversion said:

If you still decide to take the job, it probably will never come to them sueing for revenues of your novel. But if it does, while doubtless you'd win in court (that clause of the contract would be rendered unenforceable), there's a chance that you might fail, and you'd still have to pay legal fees to defend yourself either way.

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You don't know for sure that the OP would win any hypothetical court case because you can't see into the future; you don't know that the clause would be rendered unenforceable because you've not read the whole contract; and you aren't, as far as I know, a lawyer. Please don't offer your opinions in such absolute terms. It doesn't help.

MRFAndover said:

I'm tempted to suggest that you have an intellectual property attorney look over the contract if you're inclined to sign it and they don't change it. Do you have a plan B, or will the wolves be at the door if you don't sign that contract? That is, can you walk away?

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This.

Fruitbat said:

"Inventions" sounds to me like the work involves new procedures and such that could be patented, not novels. ?

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That might well be the case. But if "inventions" isn't defined in the contract, it might not.

neurotype said:

UPDATE: Thanks for all of our help, everyone! I heard back from the company and everything looks okay now. I am going to go ahead and sign after their clarifications. I appreciate the input

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Are the clarifications in writing? And signed?

Start negotiating with them right now.

Just saying, I could NOT let anyone own my future works. My books are my babies and sometimes writing is my last freedom.