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time for fun and self-education, and most sensible managers would even consider that a good thing a sign of your enthusiasm for the work The problems start when you treat it as a separate business or a second job In short, be discreet and sensible about your extracurricular activities, and you shouldn t have any problems
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You might have recently noticed a peculiar phrase in the front matter of some novels (on the page where the publisher is identified, and so on): So-and-so [the author] asserts the moral right to be identified as the author of this work You may also notice in your employment contract that you are being asked to relinquish any moral rights in the work you create So what in the heck is a moral right Moral rights are an idea that originated in Europe in the last hundred years Some artists began to be distressed about the fact that when they sell a work, they lose all control over it A painting could be used in pornography, or to advertise shaving cream purposes which the artist did not intend them for and does not like The idea behind moral rights is that by creating a work, the artist retains certain rights over the work even if he sells the copyright: the right to prevent it from being distorted (or destroyed, if it is a unique item), and the right to be identified as its creator The moral rights always remain with the artist, and, in theory, the artist cannot sell or give away moral rights even if he wants to The notion of moral rights is highly respected in countries where there is a strong cultural belief in the value of art and artists, France in particular Unfortunately, the United States is not one of these countries Until very recently, the US has always taken the position that selling intellectual property rights confers more-or-less absolute control over the property: if you own the rights to an image, even if someone else created it, you can do whatever you like with it By selling the copyright, the creator gives up all rights, moral and otherwise However, just to make sure of the point, companies that hire creative people like video game developers, for example! have started to include clauses to the effect that as an employee, you give up any moral rights to your work This is an area in which the law is changing California and New York have both passed laws concerning the moral rights of visual artists and authors, and if you are concerned about such things, you ll need, as ever, to seek an attorney But I wouldn t fight this one It s not as if you re creating paintings one by one and selling them; the company is paying you a salary to work for them, and they have a reasonable expectation that they own the work and everything about it If your video game creation turns up in an ad for a soft drink (as Lara Croft has in Britain, for a sports drink called Lucozade), you re just going to have to get used to it
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Your Duty to Protect Your Company s Property
In addition to asking you to work for only one company at a time, the employment contract will also ask you to promise to protect the company s intellectual property to keep its trade secrets and not let its confidential documents or data get away As an employee, you will have access to a lot of valuable property and information about what the company is planning to do In order to beat the competition, the company needs all its employees to be discreet, and that obligation will form a part of the contract It may sound obvious, but it s important that you take this seriously Unfortunately, there have been instances of employees at game companies illegally transmitting gold master copies of games off to pirates even before the game is officially ready for manufacturing When such people are caught, they get fired, and sued, and leave the building in handcuffs under arrest for industrial espionage Big publishers with millions of dollars at stake have private security staff and they work closely with the police to make sure this kind of thing doesn t happen So don t even think about it
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