Who Owns Your Weblog?

An anonymous reader asks: "If you're a weblogger, have you read the fine print of your employment agreement? Many webloggers are techies and many tech employers have highly restrictive IP clauses in their employment contracts - the employers owns you and everything you do whether at work or at home or anywhere else. Are you sure you own your weblog? You may not be allowed to take it with you when you change jobs." As always, please remember to look over those employment contracts before you sign. With that point mentioned however, are employers still likely to employ someone who is willing to argue points on their contract, especially in this economic climate?

Comments

well

[The Clockwork Troll]

Are employers still likely to employ someone who is willing to argue points on their contract, especially in this economic climate?

Put another way, are you willing to sell out title to your potential future ventures for the "comfort" of short-term job security?

Re:well

[Anonymous Coward]

Welcome to the majority of the job openings in the US. And in my experience, no, employers don't negotiate employment contracts for any jobs below the Director (possibly Group Manager) level. The only way they'll negotiate is if they came to -you- for the position, not the other way around.

Re:well

[bitty]

I'm gonna take hell for this, but I'm so damn tired of the whining.

If you're out of work, and the unemployment benefits run out, swallow your goddamn pride and get that job flipping burgers. Then go out and get a second part-time -- hell, even a full time job scooping ice cream or pouring coffee or something. Do that while you're looking for that job in the area of your expertise.

But how can I do interviews when I'm working all the time?

Make your "weekends" on a Tuesday and Wednesday or something. Most employers in the food industry are very flexible, since they're open every day. That may just be enough to not have to sell the house, to put food on the table, etc.

Stop bitching and do what you have to do to provide for your family, no matter how degrading.

Re:well

[anthony_dipierro]

One manager told me that the only reason they have that clause in the first contract they offer is as a test to see if an applicant will just accept what they are given, or if they will take the initiative to try to change it.

Ah but which of those two types of people were they looking for?

Re:well

[MrResistor]

What is up with all the whiners who think "The current economic situation" is synonomous with "must let any prospective employer take you from behind". You don't want to work for someone who thinks it's OK to treat their employees that way.

Despite all the whining, there are plenty of other employers out there, and many of them don't have such clauses in their contracts. In fact, I have never seen an employment contract that had such a clause, and I do read them. I was just hired at a large tech company with a large and very valuable IP portfolio and when I told the HR person who was going over the contract and other paperwork with me of my concerns she was quite shocked that a company would even think about trying to take ownership of something I did in my spare time.

One final note on the lack of jobs: just because nobody's hiring doesn't mean the work doesn't still need to get done. Companys are making up for their self-imposed workforce shortage by bringing in temps, and that has worked out just fine for me. I entered the full-time workforce 4 years ago, and about 2/3 of that time I've been working as a temp. I've never been out of work for more than a week at a time or more than 3 weeks total per year, and I've never had a problem paying my bills or supporting my family.

Re:Law?

[yuri benjamin]

If you're doing this using your employer's computer, using your employer's Internet connectivity, in your employer's facilities then you this law doesn't protect you.

And neither should it! They provide you with the tools to do your job for them, not for your own use.
OTOH I don't see what business it is of theirs what you do in your own time with your own resources.

A very sensible law.