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2023-08-16
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Contributions to open source and UK employment contracts - how do people in the UK navigate them, to be able to contribute to OSS ensuring there aren't problematic clauses in your papers? In my previous job (rather large international company) there was a specific channel to get validation from the employer, and the written thumbs up was something like we're OK if you contribute to that (in that case the project was lead by another employee and somewhat publicly approved by the employer, so no room for controversy there). I double checked my current contract, I don't see anything which appears to overlap with what I do in my own time but still, I'm not a lawyer, I might be missing meanings hidden between the lines. Any specific wording I should pay attention to? Would a line manager confirmation be enough to confirm all is clear or you recommend other ways? Thanks
I've usually approached this by having a written appendix to my contract explicitly listing open source projects that I can contribute to -- or, more specifically, that the employer agrees to have no claim over -- and then having that signed by an "appropriately senior" member of staff (in addition to myself). I've always wanted to make sure I have it in writing. Many of the contracts I've had over the years are otherwise too vague about my "inventions and contributions", being without specific time constraints (and thus an assumption that "all relevant inventions and contributions" during employment could be claimed... When I joined my current company (US-based), they gave me a blanket waiver to any/all open source projects that didn't directly compete with the core business (online dating). And since I joined, I've established an open source program at work where we release some parts of our code as supported open source libraries on GitHub -- so they've been very supportive.