any lawyers on here - specifically employment law i think?

M

markmh

Well-Known Forumite
looking for some suggestions/advice, preferably from a legalish type of person - for free.

Im aware that under some contracts of employment work done by an employee counts as technically owned by the employer eg if i write a book, my employer could claim ownership of that book.

Must a contract state that this is the case or is it implied by any law?

If i write a book outside of work hours could i claim it was on a self employed basis and therefore claim the work as mine?

hopefully that makes sense - essentially i want to write a book but dont want to give my employer a cut of any money made.
 
Lucy

Lucy

Well-Known Forumite
Is there not a paragraph about IP in your contract? I'm sure I have one.
 
M

markmh

Well-Known Forumite
not sure i will have to have a look, the thing is i dont want to ask what the firms view of IP is in case they dont have one and then decide to get one.
 
Wormella

Wormella

Well-Known Forumite
It might depend on how closely connected the book is to your work so if it's nothing to do with it, you'll probably be fine.
 
M

markmh

Well-Known Forumite
its to do with marketing and i do the marketing for the company so its relatively connected
 
tek-monkey

tek-monkey

wanna see my snake?
They could argue then that the information in the book was gained from your work, despite the book itself being written outside?
 
M

markmh

Well-Known Forumite
if i work on a self employed basis for my own company could i say i wrote the book which working for myself?
 
tek-monkey

tek-monkey

wanna see my snake?
Your employer could still argue it was using information gained through their employment of you?

EDIT: Assuming you mean still work for them but be self employed in the evenings? Please be aware I'm not a lawyer though!
 
Wormella

Wormella

Well-Known Forumite
I would tread carefully, or be upfront, you never know, your company might want to help if it helps them in the long term...
 
Theorum

Theorum

Old Skool Vet
I believe if a company want to protect an aspect of their business then this would be stated in you contract. This would be along the lines of sensitive information you have access to. If you work for a marketing company and they have some secret marketing technique that you are privy to and they have not asked you to sign a secrecy act and you go ahead and publicise this then them be there the fools I would say!

1) Have you signed anything on these lines?
2) Is what your about to write exclusive?
3) What is it you know we don't?
 
Floss

Floss

Well-Known Forumite
Hi I suggest you speak to your employer first, I think it depends upon which industry you are in! I teach and write books but both are independent of each other, although I do usually give an acknowledgement to my place of work! You could offer that out of respect to your employer, you never know it could score you some brownie points!
 
proactive

proactive

Enjoying a drop of red.
Have a little search or write a post here http://www.employmentlawforum.co.uk/index.php?/Forums/
 
arthur

arthur

Nixon Garden Neatness
speak to ACAS they may be able to help but maybe it would be best to take half hours free advice with employment solicitor Pickering and butters - don't waste the half hour be specific have questions prepared and listen and write down answers.
 
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