LVBH partner Sharon Vinick was interviewed for a recent article in The Register regarding contracts that purport to give corporations the right to intellectual property created by employees, even on projects created on personal time.
The Register, a global online technology news publication, wrote about a recent effort by Amazon Game Studios to force employees to grant them the right to all intellectual property created while working for the company, even if the work was done on personal time. While Amazon Game Studio has withdrawn the contract terms, questions have arisen about the legality of the contract provisions. Ms. Vinick opined: “… while Amazon Game Studios is based in Washington State, its agreement likely wouldn’t work in California, where the state’s Labor Code section 96(k) empowers the California Labor Commissioner to investigate wages denied as a result of lawful conduct outside of work.”
With an increase in employees working from home, the lines can sometimes get blurred between employment and personal creations. “I do think you’re going to start to see a lot more of these as remote working expands,” Ms. Vinick said.