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From Emmanuel Lécharny <elecha...@gmail.com>
Subject Re: Question related to IP Clearance and software grant
Date Tue, 01 Sep 2015 17:02:19 GMT
Le 01/09/15 18:15, Andrea Pescetti a écrit :
> jan i wrote:
>> Your concern is valid for all countries in EU. except if a country has a
>> exception. the default in the IT industry is that the employer
>> need to allow you to do similar work off hours ...
>> in any case copyright belong to the company.
>
> Wow, this is really interesting! I know this is not legal-discuss, but
> if you have any pointers I would really like to read them.
>
> I don't know of any similar regulations for Italy (I work for an
> Italian company), but this is due to pure ignorance. All my Apache
> work, and a significant part of the open-source work of my colleagues,
> is done outside working hours, so your note is very interesting for me.
>
> If you have any more information I'm looking forward to reading it.
> Otherwise, thanks a lot for an eye-opening remark because so far I had
> assumed that by default a contract would not interfere with off-hours
> activities. To be clear: my past and future contributions to Apache
> are not endangered in any way, but still I had never thought this
> could apply by default in the EU. And I'll get it checked in any case.
In France, this can be part of your contract when you are an employee.
Although it has some limitation, and for a benevolent participation,
like working on an Apache Project, during your own time, it seems that
you are safe (at least, it has been ruled by the court 10 years ago. My
information was a bit dated...). Now, what you woerk on during your own
hours should not harm your employer, of course !



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