| EDIT: I realized your question is probably about running a business on the side, not just writing code. My reply pertains to writing code. I have been working at startups for a few years. I have made this work and been able to open-source both projects I do in my own time, and projects I built at work. Here is how I do it (note I am not a lawyer and not qualified to give legal advice): * First step: always read your employment contract--the whole thing--before signing. Ask questions. Ask them to explain how software IP works in plain english (and in writing). All companies have lawyers, that's what they're paid for. I've never had anybody mind that I asked. * Second step: do not sign a contract that grants IP to your company for software you wrote, on your time, on your own hardware, that is not directly competitive with the business. If this is the contract they give you, don't join the company. It's likely not enforceable, but you don't want to be in an IP lawsuit someday. * Third step: list anything and everything you have on Github (public or private) in your exemptions. Contracts usually allow you to exempt anything you worked on before you joined. * Final step: Write code! Do it on your own time, on your own hardware, and don't create anything that could be perceived as competing with the business. As a rule, I generally notify my boss (in writing) of _any_ side project I start working on, whether it's public or private. All he has to do is CC the lawyers, and they say "All clear, the business does not own that IP". I may have been lucky in finding so many places that are "cool" about this. But mostly, I think it comes down to screening companies by talking about this up front. |