STOP SIDE HUSTLING AT WORK.
Navigating Intellectual Property: The Side Hustler's Conundrum | I Am What an Intellectual Property Attorney Looks Like.
I am the queen of side hustles.
When I was in college, I used to sing the national anthem as a way to pay for my law school applications.
I also sold candy to pay for my senior trip.
And I made jewelry to pay for upgraded furniture in my dorm room.
Sigh….good times.
But side hustling at work is totally different.
It’s late in the evening, and you’re sitting at your home office desk illuminated by the soft glow of your computer screen.
Your day job involves creative work for a large company, but tonight, you’re pouring your heart into your side hustle, a passion project you believe could become your full-time endeavor.
You’re creating, innovating, and planning for a future where you call the shots.
Yet, there's a critical detail you might be overlooking—the ownership of your creations.
For this Founders’ Letter, we’re going to discuss the IP implications of side hustling at work.
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When Your Employer Owns Your Creativity
The excitement of a side hustle often brings a burst of energy and innovation, but it also poses unique challenges, especially regarding intellectual property (IP).
Many don't realize that what they create on company time with company resources can legally belong to their employer.
Here's a story that illustrates this point vividly:
A client of mine, let’s call her Sarah, was a graphic designer for a well-known tech firm.
By night, she was building a freelance business, crafting beautiful digital art pieces she hoped to sell online.
One day, her employer discovered her side project and claimed ownership of her designs because she occasionally sketched them during lunch breaks on her work computer.
Sarah was devastated to learn that her employer had the legal ground to do this, as per her employment agreement and the overarching principles of IP law in the workplace.
Understanding the Legal Landscape
The concept of "work for hire" is pivotal in determining intellectual property ownership between an employer and employee.
Under this doctrine, if you create something within the scope of your employment, the employer is considered the legal author, even if you are the actual creator.
This situation applies to both projects directly assigned to you and those that might indirectly benefit your employer.
Imagine you develop a software program to streamline workflow while employed at a tech company.
Even if it was an initiative you took on your own, because it relates to your work and uses company resources, it falls under this doctrine.
To avoid such situations, here are steps you can take:
Document Your Creative Process: Keep a log of your activities related to your side project that clearly demarcates them from your work tasks.
Use Personal Devices and Accounts: Work on your personal laptop and use personal email accounts to underline the separation from your work environment.
Create Outside Work Hours: Engage in your side projects during your own time—weekends and evenings—to reinforce that these efforts are separate from your employment.
The scope of employment outlines what your job entails and can sometimes include gray areas that extend into related activities.
For instance, if you're hired to write marketing content for an employer, and you start a personal blog on similar topics, there could be a legal overlap.
To navigate potential overlaps effectively:
Understand Your Job Description: Regularly review your job responsibilities as outlined in your contract. If your side hustle activities start to mirror your professional tasks closely, it might be time to reassess.
Communicate with HR: If unsure, discuss with your Human Resources department how your personal project might intersect with your job duties.
Seek Legal Advice: In ambiguous situations, consulting with an IP attorney can clarify what might be deemed within the scope of your employment.
Always review your employment contract for clauses related to intellectual property.
Some contracts have broad definitions that could include any form of creation, whether it’s directly related to your job or not.
Negotiating these terms or at least understanding them fully can protect your side hustle from potential claims.
Let’s Review:
Here are steps you can take to ensure the fruits of your after-hours labor remain yours:
Clear Separation: Work on your side hustle in your own time, with your own tools. This is the clearest way to keep your creations legally distinct from your employment.
Resource Usage: Avoid using any of your employer’s resources for your side project. This includes software, hardware, and even internet access when possible.
Contract Review: Understand and possibly negotiate the terms of your employment contract concerning intellectual property. Ensure it doesn’t unduly restrict your activities outside of work.
Conclusion: Your Ideas, Your Ownership
Embarking on a side hustle is an exciting journey towards potentially lucrative and fulfilling entrepreneurship.
However, protecting the intellectual property of your creations is crucial. Being proactive about your IP rights isn’t just good legal practice—it empowers you to build something truly your own.
#ForTheCulture
Have you ever faced a situation where your employment overlapped with your personal projects?
How did you ensure your creations remained your own?
Share your experiences and tips below!
This structured approach not only educates your readers but also engages them in a conversation about a critical yet often overlooked aspect of side hustling—intellectual property rights.
If you need further guidance, reach out to me and my team at Firm for the Culture.
We’re here to help you navigate the copyright journey.
Don't forget to follow me on all platforms for more insights on intellectual property and thought leadership.
Can’t wait to help you protect your dynamic impact.
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Thanks for reading.
See you next time.
#ForTheCulture