[ SAGE-AU] OSDA Suggested Clauses, Option 2 These particular clauses may be useful for an employee who wants to be able to develop and release Open Source software without using their employer's resources (time or equipment). In these clauses, replace "[employer]" with the employer's name, and any other sections in [brackets] with the appropriate information. ---------------------------------------------------------------------------- 1 - Intellectual Property 1.1Definitions "Open Source Software" means software to which the source code and distribution rights are freely accessible and for which no royalty or other fee is payable for access, development and use. 1.2Owned by [employer] Subject to clause 1.3, the employee assigns to [employer] all Intellectual Property in all data, output and materials created by the employee during the course of their employment. 1.3Open Source Software The employee retains all intellectual property in all data, output and materials created by the employee during work on Open Source Software provided that: a. the work is not performed using [employer] resources; and b. the work is performed [outside normal working hours/or at times the employee is not expected to be working for the employer].