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At a previous employer I had to sign an agreement stating that any intellectual property created while at that employer was owned by the employer.

What's the minimum level of documentation that is needed to "prove" that any work I've done was done after hours so that I can prove ownership (to be clear the work is mostly computer related: software projects, etc.)

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2 Answers

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In order to prove that this work was not under the purvue of your previous employer, you would have to show that it was not performed while at work, being paid, etc. Emails, work space rental, purchase receipts, witnesses, etc. would show this. Additionally it would depend on (1) the terms of the agreement signed by you; and (2) what type of business your employer had and whether this would have been something that they had you working on as well.

Most Cordially,

John A. Brockmeier, Esq. john.brockmeier@yahoo.com

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Thanks for the answer John, but as a software developer, most of the proofs you mentioned don't exist: it's just me sitting in front of a computer. – Michael Buckbee Jan 24 at 8:36
Again, as with Paul below, this information is the type which would identify if your employer has an argument that it owns the IP produced. – John Brockmeier Mar 18 at 1:07
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I agree with John, but recognize that courts interpret works created while you were employed very broadly - often extending those to include stuff that you may have done at home. If you used company software, know how, hardware or some other things, your work may belong to the employer.

Best regards,

Paul Jorgensen pcj@jorgensenfirm.com

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