contract-law intellectual-property employment new-zealand
Who owns the intellectual property that I complete outside of work?
<p>I'm currently employed for a company as a software engineer. In my own time separate from my employment I write software. The software I write on my own has nothing remotely to do with my employment. My employment contract states:</p>

<blockquote>
  <p>All work produced for the Employer by the Employee under this agreement or otherwise and the right to the copyright and all other intelectual property in all such work is to be the sole property of the Employer.</p>
</blockquote>

<p>My question is regarding "or otherwise" in the statement above. Does it mean that work not produced for the employer is also the sole property of the employer? Or does it mean that work produced <em>for the employer</em> not covered by the agreement is the sole property of the employer? It seems ambiguous to me. Which is correct meaning?</p>

<p>"For the Employer" is the key, that is, the second meaning is the correct one:</p>

<blockquote>
  <p>work produced <em>for the employer</em> not covered by the agreement is the
  sole property of the employer</p>
</blockquote>

<p>Even if the wording was not ambiguous and actually meant that <em>all</em> work produced by you is their property, that would be totally ridiculous, unconscionable, void and unenforceable. Surely you can have your own time and enjoy the products of your effort not related to your employment.</p>
