Comments on: Contract negotiation for mid-career game developers (part 2) http://tinysubversions.com/2011/10/contract-negotiation-for-mid-career-game-developers-part-1-2/ Wed, 10 Sep 2014 18:53:13 +0000 hourly 1 http://wordpress.org/?v=3.8.1 By: Brian 'Psychochild' Green http://tinysubversions.com/2011/10/contract-negotiation-for-mid-career-game-developers-part-1-2/comment-page-1/#comment-6765 Mon, 17 Oct 2011 01:33:42 +0000 http://tinysubversions.com/?p=2075#comment-6765 Standard disclaimer applies: I’m not a lawyer, this isn’t legal advice.

Also, understand your local/state laws. Sometimes an employer will ask for something that goes against state laws but is part of their boilerplate contracts for studios in multiple states. For example, this type of IP assignment is unenforceable in California. But, it is still best to get it removed from the contract to avoid any future complications, such as if you transfer to another company studio in another state.

Ultimately, the best option is still to get a lawyer to look things over. It’ll cost a bit of cash, but better safe than sorry in the long run. You never know where life will take you in the future, as Darius points out.

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By: Ebyan Alvarez-Buylla http://tinysubversions.com/2011/10/contract-negotiation-for-mid-career-game-developers-part-1-2/comment-page-1/#comment-6745 Fri, 14 Oct 2011 21:07:02 +0000 http://tinysubversions.com/?p=2075#comment-6745 You can negotiate contract wording at any time, provided both parties are willing. You have much more leverage before it’s signed, of course ;)

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By: Colm http://tinysubversions.com/2011/10/contract-negotiation-for-mid-career-game-developers-part-1-2/comment-page-1/#comment-6722 Wed, 12 Oct 2011 11:38:18 +0000 http://tinysubversions.com/?p=2075#comment-6722 Hear hear!

You can only negotiate contract wording BEFORE you sign it.

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By: Darius Kazemi http://tinysubversions.com/2011/10/contract-negotiation-for-mid-career-game-developers-part-1-2/comment-page-1/#comment-6708 Tue, 11 Oct 2011 14:07:42 +0000 http://tinysubversions.com/?p=2075#comment-6708 I was going to write something about narrowing definitions in response to Jeff’s comment, but looks like Scott did the hard work for me here. Thanks Scott!

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By: Scott Macmillan http://tinysubversions.com/2011/10/contract-negotiation-for-mid-career-game-developers-part-1-2/comment-page-1/#comment-6707 Tue, 11 Oct 2011 13:50:22 +0000 http://tinysubversions.com/?p=2075#comment-6707 Granted, I can see that being intended as a shield, but it’s a sword to the employee none the less – right?

My past experience read a lot like that Onstartups answer – I asked the company to further clarify the “business of the company”, which we narrowed down to a large subsection of video games. I was then free to work on things I wanted outside of that definition. We also put in a review process in case I wanted to work on something in that area, and they weren’t interested in it.

All of which sums up to – you can definitely negotiate. Don’t be scared to.

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By: Jeff Ward http://tinysubversions.com/2011/10/contract-negotiation-for-mid-career-game-developers-part-1-2/comment-page-1/#comment-6701 Tue, 11 Oct 2011 01:08:54 +0000 http://tinysubversions.com/?p=2075#comment-6701 Although I agree with negotiating out non-competes (or at least making them so specific that they might as well be removed) IP assignment is actually one that I finally understand thanks to this:
http://answers.onstartups.com/questions/19422/if-im-working-at-a-company-do-they-have-intellectual-property-rights-to-the-stu

Basically, IP assignment clauses are there to protect the company, and a good lawyer won’t take them out. Generally, it’s a shield clause, not a sword clause, because it’s hard to prove what you did or didn’t do in your spare time, while you were at / away from the company.

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By: Scott Macmillan http://tinysubversions.com/2011/10/contract-negotiation-for-mid-career-game-developers-part-1-2/comment-page-1/#comment-6700 Mon, 10 Oct 2011 18:31:10 +0000 http://tinysubversions.com/?p=2075#comment-6700 Spot-on.

One thing you can do, if getting smacked with a “you don’t work for broadly-defined competitors for X months” is to say that if they really want to leave that in, they should feel free to compensate you up front with a lump-sum payment for the time you won’t be able to work in your chosen field. Given that this is a totally fair thing to ask for, you are still being reasonable while at the same time protecting your prerogatives.

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