this post was submitted on 09 May 2025
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Ever heard about software devs not being able to work on personal projects because all the code they produce, even off the clock is owned by their employer?
No, what a ultracapitalist dystopian scenario.
Sadly, it’s not uncommon from what I understand.
Canadian software developer here,
It's really not. Contracts like that in Canada and US haven't been used widely in a long time.
Salaried american software developer here. While some large companies have moonlighting carve outs, by and large the rights to any of your work done outside working hours is at the employer's discretion.
(I call out salaried because I think those clauses can vary depending on the structure of your employment)
My understanding is clauses that own work made outside of work (hours, resources, nonncompeteing scope, ect...) is not enforceable.
But if you do anything related to the company, then it's theirs.
Ah, that sounds correct to me.
My interpretation is probably distorted by having worked at big companies that have arms in basically every part of software development so there is no side project programming that is "out of scope" there.
But working at a company with a narrower focus would let you moonlight more freely.
Oh? That’s great to hear. That means I’m out of date on that. I have a friend who experienced this once.
Hasn't been true for my past two jobs at least (US based), what I do outside of company premises / my own hardware and my own time is mine. They only own what was done on company's dime. Not saying it doesn't happen, but that's not my experience so far, and I'm not sure if would be legal.